
(summary of the Laws 
legolatmg the Location 
Holding and Transfer 
of Mines and Mining 
Claims in A rizona 


AM WOTATEO 


JOSEPH H. MO lit© AM 


H fjj r ftrl t hi l 11. <: A M PA ISJ V 

>* 13 Of HIX, ARIZONA 





COPYRIGHT DEPOSIT. 






Summary of the Laws 
Regulating the Location, 
Holding and Transfer 
of Mines and Mining 
Glaims in Arizona 


BY 

JOSEPH H. JylOHGAN 

OK THK ARIZONA BAR 

PRESCOTT, ARIZONA 



FIRST EDITION 

COPYRIOHTKD 1917 

) 

> , 
i * ) 

i "» 


PUBLIBHBD BY 

THE McNEIL COMPANY 

PHOKNIX, ARIZONA 






MAY -7 1917 



©CI.A46S06S 

nw' |, 




I 


INTRODUCTION 


Paramount among the resources and industries of 
Arizona are its mines and mining. Recent discov¬ 



eries of vast mineral deposits seem to indicate that 
the mining resources of the State are still in the 
early stages of development. Despite the great im¬ 
portance of the subject, scant attention has been 
given by Congress and the Legislature to the per¬ 
fection of a systematic code of laws defining the 
rights and governing the relations of individuals and 
corporations incident to the acquisition, holding and 
transfer of mining property. 

The statutory law on this subject is found in vari¬ 
ous Congressional Acts, supplemented to some extent 
by the State statutes. In the absence of and in aid 
of statutes, the United States Land Department has 
adopted and published mining rules and regulations 
which have the effect of positive laws. Miners rules 
and customs, where not in conflict with statute or 
Land Department regulations, are recognized and 
enforced. The courts on this somewhat tottering 
framework, have, by construction and the applica¬ 
tion of common sense, judicial wisdom, some wit 
and much ingenuity, constructed the “law of mines 
and mining” as we know it today. For the most 
part, this law, found as it is in the United States 
and State statutes, Departmental rulings, rules and 
customs of miners, and in the numerous decisions 
of the Federal and State courts, is inaccessible to 
the general public. 

A conscientious effort has been made here to sum¬ 
marize and codify the Acts of Congress, State 
statutes, mining regulations and the rules and cus¬ 
toms of miners still in force, all as interpreted and 
construed by the courts, to the extent required by 
the scope of this work. 


m 



This little book is intended primarily for the use 
of the general public. The purpose has been to 
state the law briefly and in such a manner as to 
give a general outline of the matter covered, and at 
the same time serve as a practical handbook for 
those who are interested in mines and mining prop¬ 
erty. The plan of the work is simple. The table 
of contents is so arranged as to constitute an index. 
A glance at the chapter and section headings will 
readily disclose in what particular section any propo¬ 
sition is likely to appear. The work is also indexed 
alphabetically. 

JOSEPH H. MORGAN. 

Prescott, Arizona, 

February 12, 1917. 

i... .<..4 *.a. i ♦. f * l * t t r % 

lAtUllJ f' l) i 

• •' ! r » 7 ; f»t t .. 1 

• jit . i 

*V>». jo * >$)}'> «k!; ;i rM 
? r | ♦?'*> • *. 


*] If 






■' - 0 « l • y V • \)1 . ;? r 




)0 




• v. 



EXPLANATION OF CITATIONS 


For the sake of brevity, references have been 
made to annotated statutes, text books and Digests 
rather than to decisions. Explanation of citations 
follows: 

“U. S. Comp. ’16”—United States Compiled Stat¬ 
utes, 1916, annotated. This work has just been pub¬ 
lished by West Publishing Company. It is a com¬ 
pilation of the United States Revised Statutes and 
subsequent Congressional Acts. 

“U. S. Min. Stat. Ann.”—United States Mining 
Statutes annotated. This work is published in two 
parts or volumes, as Bulletin 94, Department of the 
Interior, Bureau of Mines, J. W. Thompson, author, 
first edition, 1915. 

“R. S. C. C. Ariz. ’13”—Revised Statutes of Arizona. 
Civil Code, 1913, published by the State of Arizona. 

“Min. Reg. Land Dept.”—Mining Regulations of 
the United States Land Department or Land Office. 
The regulations were approved March 29, 1909, 
and re-issued August 6, 1915. 

“Lindley”—Lindley on Mines, Third Edition. This 
is a three volume work, published in 1914. It is rec¬ 
ognized as the standard text on mines and mining. 

“Pac. Dig. Mines”—Digest Pacific Reporter Mines 
and Mining. Published by West Publishing Com¬ 
pany, containing digests of all Arizona Supreme 
Court decisions and decisions of other Pacific min¬ 
ing States, especially from 1884. 

“Ariz. Dig. Mines”—Arizona Digest Mines and 
Mining, by Ross. This covers cases in Arizona re¬ 
ports, Vol. 1-16 inclusive, and is published by Ban- 
croft-Whitney Company. 



























Ir Jen nr *i urt 













TABLE OF CONTENTS 


CHAPTER I. 

Who May Locate Mining Claims. 

Section Page 

1 Citizens . 1 

2 Aliens . 1 

3 Location for Whom . 2 

CHAPTER II. 

What May be Located as a Mining Claim. 

4 Lands Open . 2 

5 Mineral Deposits. 3 

6 Public Lands in Possession of Others not 

Subject to Location . 3 

7 Specific Minerals, Metals—Non-Metals. 3 

8 Deposits Valuable . 4 

9 Minerals not Subject to Lode Locations. 4 

CHAPTER III. 

Lode Claims and Their Location. 

10 What Located as Lode. 4 

11 Vein or Lode, Rock in Place . 5 

12 Number of Locations . 5 

13 Size, Shape . 5 

14 Discovery . 6 

15 Discovery Monument, Notice . 6 

16 Time and Acts to Complete Location. 7 

Record of Notice . 8 

Discovery Shaft . 8 

Location Work on Abandoned or For¬ 
feited Claim . 8 

Boundary Monuments. 8 

17 Known Lodes on Piacers . 8 

vii 
























CHAPTER IV. 


Extralateral Rights of Lodes 

Section Page 

18 Meaning . 9 

19 When Allowed and Extent . 10 

20 Special End Lines . 10 

21 Side End Lines . 10 

22 Secondary Veins ..... 11 

23 Senior and Junior Rights . 11 

24 Jump Over Doctrine . 11 

25 Right Below Junction of Veins . 12 

26 Right Under Patented Land . 12 

. I .... i, . J . k * 

CHAPTER V. 

- .. • 1 * 

Location of Placer Claims. 

27 What Located as Placer . 12 

28 Number of Claims . 13 

29 Size, Acreage, Shape . 13 

30 Discovery 14 

31 Location Notice, Posting . 14 

32 Boundary Monuments . 14 

33 Recording Notice, Discovery Work . 15 


CHAPTER VI. 

Tunnel Rights and Mill Sites. 

A. Tunnels: 

34 Source and Extent of Right . 15 

35 Requirements for Location . 16 

36 Record of Notice and Statement . 17 

37 Discovered Veins or Lodes . 17 

B. Mill Sites: 

38 Nature and Extent . 18 

39 Location, Notice, Boundary Monuments.. 18 

40 Improvements, Use, Patent . 19 



























CHAPTER VII. 


Annual Labor or Assessment Work, Failure 


of Co-Owner to Contribute. 

Section Page 

41 Amount and Purpose of Annual Labor. 19 

42 Time of Performance . 20 

43 Value of Work or Improvements . 20 

44 Who May Perform Work and Make Im¬ 

provements . 21 

45 Character of Work and Improvements, 

and Place of Performance . 21 

46 Examples—Work, Improvements . 22 

47 Group Work . 22 

48 Recording Proof of Labor . 23 

49 Forfeiture to Co-owners . 23 

50 Record of Forfeiture to Co-owner . 24 

51 Number of Claims, Co-owners, etc . 24 

52 Payment by Delinquent . 25 


CHAPTER VIII. 

Amended Locations, Abandonment and For¬ 
feiture, Resumption of Labor, Relocations 

A. Amended Locations: 

53 Scope, Cannot Affect Intervening Right 26 

54 Relation Back, Lapse of Ground in Con¬ 


flict . 27 

55 Discrepancy Between Notice and Monu¬ 

ments .......'. 27 

56 By Whom and How Made . 27 

B. Abandonment and Forfeiture: 

57 What is Abandonment and How Deter¬ 

mined . 28 

58 Forfeiture Defined, Burden of Proof. 28 

59 Instances . 29 

C. Resumption of Labor: 

60 Explanation . 30 


61 What Constitutes Resumption of Labor.. 30 


IX 





















D. Relocations: 

Section Page 

62 Meaning of . 31 

63 How Made and by Whom . 31 

64 Relocation Made After Resumption of 

Work . 31 

65 Entry of Claim for Patent . 32 

66 Relocation on Ground not Open Void. 32 

67 Effect of Relocation by Agent, Co-own¬ 

er or Trustee . 32 

CHAPTER IX. 

Nature of Title and Transfers of Locations, 

Liens. 

68 Mining Location as Property . 33 

69 Conveyances . 33 

70 Married Persons, Aliens . 34 

71 Taxes . 34 

72 Laborers’ and Materialmen’s Liens. 34 

73 Priority of Lien and How Fixed . 35 

74 Notice to Avoid Lien on Claim Worked 

Under Lease or Option . 36 

75 Judgment Liens . 36 

CHAPTER X. 

Patents, Adverse, Protest. 

76 What May be Patented, Purchase Price. 36 

77 Group, Non-Contiguous Tracts . 37 

78 Basis for Patent . 37 

79 Application and Procedure for Patent. 38 

80 Adverse . 39 

81 Protest . 39 

82 Patent Title . 40 























CHAPTER XI. 


Mining Contracts, Partnerships, Corpora¬ 
tions, Financing Property 

Section Page 

83 Contracts General . 40 

84 Grubstake Contracts . 41 

85 Leases . 41 

86 Special Conditions of Lease . 41 

87 Options, Sales . 42 

88 Partnerships . 43 

89 Mining Corporations . 43 

Domestic . 43 

Foreign . 44 

90 Financing Mines and Prospects . 45 

91 Method of Financing . 45 

92 Permit for Sales of Stock . 46 

CHAPTER XII. 

Suits, Actions, Criminal Offenses. 

93 Suits and Actions Concerning Mines . 47 

94 Damages for Ore Extracted . 47 

95 Recovery of Drainage Expense . 47 

96 Criminal Offenses . 48 

97 Eight Hour Day . 48 

98 Penal Provisions Prescribed by Civil Code.. 48 

Table of Statutes U. S. Comp. T6 Cited, 
Showing U. S. R. S. and Acts of Con¬ 
gress Contained Therein . 50 

Mining Blanks and Forms.51-57 

Alphabetical Index .59-66 


XI 
































-twpoO Bqiiiev>nu&y .tljrvnoD gnioiM '* 




. .. '• f !0 













t ■. <ir'J J k..:. A . a * I 








































Summary of the Laws Regulating the Location. 
Holding and Transfer of Mines and 
Mining Claims in Arizona 


CHAPTER I. 


WHO MAY LOCATE MINING CLAIMS 

1. Citizens.—All citizens of the United States, and 
those who have declared their intention to become 
such (by taking out first papers), may locate and 
hold mining claims. This includes men, women, 
(married and single), minors, corporations, and as¬ 
sociations of citizens of the United States, whose 
charters authorize the holding of land. Stockholders 
of corporations organized under the law of the 
United States, or any State or Territory thereof, are 
presumed to be citizens. 

Sec. 4614, 4616, U. S. Comp. T6 and notes. 

Pages 9, 26-32 U. S. Min. Stat. Ann. 

Lindley, Sec. 223-227. 

Pac. Dig. Mines, Sec. 9-12. 

Ariz. Dig. Mines, Sec. 11. 

2. Aliens.—The law does not authorize an alien 
or an alien corporation to make a mining location. 
Such location, however, can only be questioned by 
the United States. A transfer by an alien to a 
citizen validates the location, so also the location 
is validated if an alien locator declares his intention 
to become a citizen. A tribal Indian is not a citizen. 

Sec. 4614, 4616, U. S. Comp. T6 and notes. 

Pages 9, 26-32 U. S. Min. Stat. Ann. 

Lindley, Sec. 231-234. 

See Pac. and Ariz. Dig. Sec. cited above. 


l 




3. Location for Whom.—The discoverer may lo¬ 
cate for himself, or for himself and others, or for 
others. 

Par. 4027 R. S. C. C. Ariz. ’13. 

Pac. Dig. Mines, Sec. 14. 

Ariz. Dig. Mines, Sec 10. 


CHAPTER II. 


WHAT MAY BE LOCATED AS A MINING 

CLAIM 

4. Lands Open.—Locations may be made only on 
the open, unappropriated public domain of the United 
States. This includes forest reserves, and prior to 
certificate or patent, land grants to the State for edu¬ 
cational and other purposes, railroad and Mexican 
grants prior to confirmation; but military and Indian 
reserves, National parks, monuments and lands with¬ 
drawn from entry by the Government for conserva¬ 
tion or other purposes, are not open. 

Sec. 4614 U. S. Comp. ’16, notes 3, 7, 8. 

Note 14, Sec. 4615 U. S. Comp. ’16, also 4658. 
Pages 9, 10, 12, 15, 630, 1076-1079, 1100-1136, 
1165, 1167, 1168 U. S. Min. Stat. Ann. 

Lindley, Sec. 112-219; 

See particularly Sec. 80, 85, 112, 322. 

Pac. Dig. Mines, Sec. 9. 

Mines, Sec. 9. 

Note.—If Congressman Hayden’s Indian Reserva¬ 
tion Mining Bill, which has passed the House, and 
on this date (February 12, 1917) is on the Senate 
Calendar, becomes a law, mining locations may be 
permitted on Indian reservations. The newly cre¬ 
ated Papago Reservation is now open to mining. 



5. Mineral Deposits.—All valuable mineral de¬ 
posits in lands belonging to the United States, both 
surveyed and unsurveyed, are free and open to ex¬ 
ploration and purchase, and the lands in which they 
are found to occupation and purchase. 

Sec. 4614 U. S. Comp. ’16, note 9. 

Note 9, 4613 U. S. Comp. ’16. 

Pages 4-7, 15-17 U. S. Min. Stat. Ann. 

Lindley, Sec. 85-98. 

6. Public Lands in Possession of Others Not Sub¬ 
ject to Location.—Lands held by valid existing min¬ 
ing locations or valid existing rights under the public 
land laws, or in the actual possession of an occupant 
of the public domain, are not open to location. Even 
as against an intruder on the public domain, in actual 
possession, a mining right cannot be acquired by 
force, but such right may be initiated by peaceable 
entry and compliance with the mining laws. 

Note 17, Sec. 4614; note 14, Sec. 4615; and notes 
12-13, Sec. 4618 U. S. Comp. ’16. 

Pages 51-53 U. S. Min. Stat. Ann. 

Lindley, Sec. 112-219. 

Pac. Dig. Mines, Sec. 9. 

Ariz. Dig. Mines, Sec. 5. 

7. Specific Minerals, Metals—Non-Metals. — The 

mineral deposits mentioned may consist of gold, sil¬ 
ver, copper, cinnabar, lead, iron, tin, tungsten, anti¬ 
mony, cobalt, zinc, and metals of all kinds. 

Non-metalliferous deposits such as alum, amber, 
asphaltum, borax, brick clay, building stone and stone 
of special commercial value, carbonate of soda, 
cement, china clay, diamonds, gravel, gypsum, guano, 
kaolin (clay), limestone, marble, mica, natural gas, 
nitrate of soda, onyx, petroleum, phosphates, salt, 
sand, sandstone, slate, soda (nitrate and carbonate), 


3 


1 


stone (building stone, etc.), sulphur, and umber, may 
also be located. 

Note 15, Sec. 4613; note 12, Sec. 4614; Sec. 4615; 

Sec. 4633; Sec. 4635; Sec. 4641, U. S. Comp. ’16. 

Pages 8, 17-20, 1043, 1213, 1328 U. S. Min. 

Stat. Ann. 

Lindley, Sec. 97. 

Pac. Dig. Mines, Sec. 48. 

8. Deposits Valuable.—The mineral deposits must 
be valuable, that is, worth working as mines, and 
especially land containing ncn-metalliferous deposits 
must be more valuable as such than for agriculture. 

Bog iron, common brick clay, cement, limestone, 
sand and gravel are not mineral according to rulings 
of the Land Department. 

Notes 9-11, Sec. 4613; note 9, Sec. 4614, U. S. 

Comp. T6. 

Pages 5-6, 15-17, 20 U. S. Min. Stat. Ann. 

Lindley, Sec. 98. 

Pac. Dig. Mines, Sec. 16. 

9. Minerals not Subject to Lode Locations. —Gas, 

oil, petroleum, common salt, etc., can be located only 
as placers. Coal is located under a special act. 

Sec. 4633, 4635, 4641 and 4659 U. S. Comp. T6. 

Pages 1328, 1043, 1213 and 724 U. S. Min. 

Stat. Ann. 

CHAPTER III. 


LODE CLAIMS AND THEIR LOCATION 

10. What Located as Lode. —Lands containing 
veins or lodes of quartz or other rock in place bear¬ 
ing gold, silver, cinnabar, lead, tin, copper, antimony, 
cobalt, iron, tungsten, zinc, or other valuable min¬ 
erals, especially metallic deposits, may be located as 

4 . 






lode claims. To constitute a vein or lode, the de¬ 
posit must be mineral bearing rock or other earthy 
substance in place. Non-metalliferous as well as 
metalliferous deposits if in iode or vein form may 
be located as lodes, as asphaltum in lodes or veins 
in rock in place, calcium phosphate, or phosphate 
rock in veins, onyx in vein form, gem-bearing 
dikes, etc.* 

Sec. 4615 U. S. Comp. ‘16 and notes. 

Page 35 et seq. 80-81, U. S. Min. Stat. Ann. 

P^r. 4027 R. S. C. C. Ariz. T3. 

Lindley, Sec. 323. 

Pac. Dig. Mines, Sec. 16. 

11. Vein or Lode, Rock in Place. —It is impossi¬ 
ble to frame definitions that will cover these terms. 
To constitute a lode or vein, the deposit must be 
mineral-bearing rock in place. “Rock in place” is 
to be distinguished from “float." The lode or vein 
may be earthy or loose or friable in character, and 
easily worked, but it is a lode still, if in place, 
that is, if found in its original state in fixed and 
immovable rock in the general mass of the mountain 
or country. 

Note 8, Sec. 4615 U. S. Comp. ’16. 

Pages 36-48, U. S. Min. Stat. Ann. 

27 Cyc. 535. 

Lindley, Sec. 286-294; 298-301. 

Pac. Dig. Mines, Sec. 16. 

Ariz. Dig. Mines, Sec. 3. 

12. Number of Locations. —There is no limit to 
the number of lode mining locations for any one or 
more persons. 

Note 21, Sec. 4615 U. S. Comp. ’16. 

Page 94, U. S. Min. Stat. Ann. 

13. Size, Shape. —The claim cannot be more than 

* See Page 51, Blank 110. 

5 ' 







1500 feet in length and 600 feet in width, lengthwise 
along the lode or vein. The end lines should be 
parallel, but the side lines need not be straight or 
parallel. The side lines should run approximately 
300 feet on either side of vein. The claim may be 
smaller, but if larger, it is void as to the excess. 

Note 23 et seq. Sec. 4615 U. S. Comp. T6. 

Pages 59, 90, U ; . S. Min. Stat. Ann. 

Lindley, Sec. 360-362. 

Pac. Dig. Mines, Sec. 18. 

Ariz. Dig. Mines, Sec. 9. 

14. Discovery.—There must be a discovery of 
mineral in place on each claim located. Ordinarily, 
and especially in proven mineral districts, to support 
a discovery it is only required that the mineral 
showing shall be such as to justify a prudent miner 
to spend time and money to develop the claim. A 
miner searching for minerals prior to the discovery 
will be protected to the extent of the ground that 
is in his actual possession, so long as he is using 
reasonable diligence. 

Par. 4027 R. S. C. C. Ariz. 13. 

Note 36 et seq. Sec. 4615 U. S. Comp. T6. 

Page 64, U. S. Min. Stat. Ann. 

Lindley, Sec. 335-339. 

Pac. Dig. Mines, Sec. 17. 

Ariz. Dig. Mines. Sec. 9. 

15. Discovery Monument Notice.—On the dis¬ 
covery of mineral in place on the unappropriated 
public domain of the United States, a lode mining 
claim may be located as follows: Erect at or contigu¬ 
ous to the point of discovery a conspicuous monu¬ 
ment of stones not less than 3 feet in height, or an 
upright post securely fixed, projecting at least 4 
feet above the ground. Then post in the monument 
of stones, or on the post, a location notice which 


6 


will be signed by the name or names of the locator 
or locators, and which must contain: 

(1) The name of the claim located. 

(2) The name or names of the locators. 

(3) The date of the location. 

(4) The length and width of the claim in feet, 
and the distance in feet from the point of discovery 
to each end of the claim. 

(5) The general course of the claim. 

(6) The locality of the claim with reference to 
some natural object or permanent monument where¬ 
with the claim can be identified. 

(7) The notice should also contain the name of 
the mining district where known, and the county 
where situate. 

The natural object or permanent monument which 
must be referred to in the notice, may be, as to the 
first, a weil known peak, hill or butte, a junction 
of creeks or intersection of gulches or ravines, etc.; 
and as to the second, a patented claim, a United 
States monument, a town or a village, the intersec¬ 
tion of public roads, etc. The location notice should 
give the course and distance, as nearly as practic¬ 
able, from the discovery shaft on the claim to such 
natural object or permanent monument. The names 
of adjoining claims should also be stated in the 
notice.* 

Par. 4028-4029, R. S. C. C. Ariz. ’13. 

Sec. 4620 U. S. Comp. ’16. 

Rule 9, Min. Reg. Land. Dept. 

Pac. Dig. Mines, Sec. 19. 

Ariz. Dig. Mines, Sec. 9, 12. 

16. Time and Acts to Complete Location. —From 
the time of the location of a mining claim, as above 
specified, the locator is allowed 90 days within which 
to do, or cause to be done, the following: 

* Page 51, Blank 110, also 116. 

7 













(1) To cause to be recorded in the office of the 
County Recorder of the county in which the claim 
is situated, a copy of the location notice. 

(2) Discovery Shaft.—To sink a discovery shaift 
in the claim to a depth of at least 8 feet from the 
lowest part of the rim of the shaft at the surface, 
and deeper if necessary, until there is disclosed in 
said shaft mineral in place. In lieu of the shaft, an 
open cut, adit or tunnel, which shall be equal in 
amount of work to a shaft 8 feet deep and 4 feet 
wide by 6 feet long, and which shall cut a lode or 
mineral in place at a depth of 10 feet from the sur¬ 
face, may be made as discovery work. 

Location Work on Abandoned or Forfeited Claim. 

—If the location is of an abandoned or forfeited 
claim, the re-locator may, if he so elect, perform his 
location work by sinking the original location shaft 
8 feet deeper than it was originally, or in case the 
original location work consisted of a tunnel or open 
cut, by extending said tunnel or open cut by remov¬ 
ing therefrom 240 cubic feet of rock or vein material. 

(3) Boundary Monuments.—To monument the 
claim on the ground so that its boundaries can be 
readily traced as follows: The surface boundaries 
shall be marked by six substantial posts projecting 
at least 4 feet above the surface of the ground, or 
by substantial stone monuments at least 3 feet high, 
to-wit: One at each corner of the claim and one at 
the center of each end line thereof. If the claim is 
not a parallelogram, there must be a post or monu¬ 
ment at each angle or corner. 

Par. 4030-4033, 4037, R. S. C. C. Ariz. T3. 

Pac. Dig. Mines, 20-22. 

Ariz. Dig. Mines, 9, 12, 13. 

17. Known Lodes on Placers.—Known Lodes or 
veins on placer claims may be located, and a lode 

8 : 


claim 25 feet in width on each side of the center of 
the vein or lode acquired. By an open, peaceable 
entry, such claim may be located by one not the 
owner of the placer. A blind lode or vein in the 
placer cannot be so located. 

Sec. 4632, U. S. Comp. ’16. 

Lindley, Sec. 413-415. 

Pac. Dig. Mines, Sec. 16. 


CHAPTER IV. 


EXTRALATERAL RIGHTS OF LODES 

18. Meaning.—The legal location of a lode claim 
carries with it the “exclusive possession and enjoy¬ 
ment” of all veins, lodes or ledges throughout their 
entire depth, apexing within the claim; and as to 
all portions of such veins, lodes or ledges that lie 
within the surface or subterranean boundaries of the 
claim, the right is unqualified. 

By extralateral right, as applied to lode claims, 
is meant the right of the owner to follow veins, 
lodes and ledges, the top or apex of which lies within 
his claim, on their dip or downward course outside 
the side lines of his claim. The top or apex of the 
vein, lode or ledge need not reach the surface. It 
is sufficient if the apex or top is within the sub¬ 
terranean boundaries of the claim. The subter¬ 
ranean boundaries of the claim are determined 
by extending the surface lines of the claim down¬ 
ward vertically without limit. 

Sec. 4618 U. S. Comp. ’16, notes 37 et seq. 

Pages 133-160, U. S. Min. Stat. Ann. 

Lindley, Sec. 564-618 B. 

Pac. Dig. Mines, Sec. 30, 31, 32. 

Ariz. Dig. Mines, Sec. 22. 


9 







Watervale M. Co. v. Leach, 4 Ariz. 34; 33 Pac. 
418, 424. 

19. When Allowed and Extent.—The extralateral 
right is allowed only if the end lines of the claim 
are parallel or substantially so. The right is con¬ 
fined to such portions of the vein, lode or ledge 
which lie between vertical planes drawn downward 
through the end lines of the claim, so continued in 
their own direction as to intersect the veins or 
lodes on their dip outside the side line boundaries 
of the claim. The vein or lode cannot be followed 
on the strike or course, but only on the dip. 

See citations to Sec. 18 supra. 

20. Special End Lines.—If the vein passes through 
an end line and leaves the claim through a side line, 
the extralateral right is measured between a vertical 
plane passed through the end line crossed and a 
parallel plane at the point where the apex departs 
from the claim through the side line. 

Where the vein crosses the same side line, but 
neither end line, it is doubtful if an extralateral 
right exists, but in the case of a secondary vein, 
such a right has been upheld. 

When the vein crosses one end line and termin¬ 
ates within the boundaries of the claim, the extra¬ 
lateral right is determined by a vertical plane passed 
through the point of termination parallel to a plane 
passed vertically through the crossed end line. 

Notes 50, 52, Sec. 4618, U. S. Comp. T6. 

Page 148, U. S. Min. Stat. Ann. 

Lindley, Sec. 591-592, 584, p. 1326. 

21. Side End Lines.—If the vein crosses both side 
lines, for the purpose of extralateral rights, the side 
lines of the claim, if parallel, are treated as end lines. 

Note 56 Sec. 4618 U. S. Comp. T6. 


Pages 142-150 U. S. Min. Stat. Ann. 

Lindley, Sec. 586-590. 

22. Secondary Veins.—Secondary veins are all 
others apexing within the claim in addition to the 
primary or discovery vein. The extralateral rights 
of such veins are usually governed by the same 
planes which govern the extralateral right of the 
primary vein. But under certain conditions such 
secondary veins may be controlled by their own end 
line planes, except where the secondary vein crosses 
both side lines, it has no extralateral right, and 
can be followed on the dip only to the claim end line. 

Note 54, 4618 U. S. Comp. T6. 

Page 148 U. S. Min. Stat. Ann. 

Lindley, Sec. 593-594. 

23. Senior and Junior Rights.—“Where two or 
more mining claims longitudinally bisect or divide 
the apex of a vein (this sometimes occurs in the 
case of broad lodes), the senior claim takes the 
entire width of the vein on its dip, if it is in other 
respects so located as to give it a right to pursue 
the vein downward outside of the side lines.” 

If the extralateral sweep of the junior vein ex¬ 
tends in a different direction, it may take what is 
left within its sweep after subtracting the senior 
right. 

Notes 64-66, U. S. Comp. T6. 

Pages 155-158 U. S. Min. Stat. Ann. 

Lindley, Sec. 583, 598, 608, 610. 

24. Jump Over Doctrine.—In case of intersecting 
and conflicting extralateral sweeps extending in dif¬ 
ferent directions, the senior claim controls on the 
intersection, but the junior right may be exercised 
on the dip beyond the senior right. This is known 
as the “Jump Over” Doctrine. 


11 






Sec. 4644, U. S. Comp. ’16 and notes. 

Costigan Min. Law. Sec. 119-120. 

25. Right Below Junction of Veins. — If veins 
apexing on different claims form a junction on the 
dip, the senior claim takes within its extralateral 
sweep the entire vein below the junction. 

Sec. 4644, U. S. Comp. ’16 and notes. 

Lindley, Sec. 614. 

26. Right Under Patented Land.—The vein may 

be followed on the dip beneath the surface of a 
patented claim; but it has been held that such right 
cannot be exercised beneath the surface of prior 
patented agricultural land. 

Notes 61-62, Sec. 4618, U. S. Comp. T6. 

Pages 154, 159, U. S. Min. Stat. Ann. 

Lindley, Sec. 611-613. 

CHAPTER V. 


LOCATION OF PLACER CLAIMS 

27. What Located as Placer.—All forms of valu¬ 
able mineral deposits, excepting veins of quartz or 
other mineral bearing rock in place, if otherwise 
subject to location, may be located as placer claims. 

This includes any valuable mineral deposit such 
as gold in earth, sand or gravel in a loose state, and 
applies to liquid or semi-liquid asphaltum., petro¬ 
leum or oil, alum, borax, diamonds, soda, (carbon¬ 
ate and nitrate), gypsum, marble, mica, onyx, fine 
grades of clay or kaolin and limestone, roofing slate, 
tailings, umber, ancient auriferous gravel channels, 
valuable deposits of building stone and rock quar¬ 
ries valuable for building purposes, phosphate de¬ 
posits not in veins or lodes, salt and salt springs, 
and probably guano. 


12 





Sec. 4628, U. S. Comp. ’16, notes 3, 18, 22. 

Sec. 4633, 4635, U. S. Comp. ’16 and notes. 

Note 12, Sec. 4614 and 4641 U. S. Comp. ’16. 
Pages 518, 519, 521, 532. 674, U. S. Min. Stat. Ann. 
Lindley, Sec. 419-428. 

Pa,c. Dig. Mines, Sec. 16. 

28. Number of Claims.—As in the case of lodes, 

! there is no limit to the number of placer claims 
which may be located and held by an individual, an 
association or a corporation. Salt or saline loca¬ 
tions are limited to one claim for each individual, etc. 

Note 6, Sec. 4628 U. S. Comp. ’16. 

29. Size, Acreage, Shape.—Not more than 20 acres 
may be embraced in any one claim located by an 
individual or a corporation. Association claims up 
to 160 acres in extent may be located; thus two in¬ 
dividuals may locate not to exceed 40 acres; three 
not to exceed 60 acres, etc., and eight not to exceed 
160 acres. 

The claims must conform, if practicable, to the 
United States rectangular surveys, whether on sur¬ 
veyed or unsurveyed ground. The ideal 20 acre 
claim is 80 rods in length and 40 in width. A square 
ten acre lot may be located as a placer. Where any 
reasonable cause exists, a person may locate and 
patent a 20-acre placer claim, provided it may be 
embraced in a 40-acre public survey subdivision, or 
two persons a 40-acre placer, provided it may be 
embraced in an 80-acre subdivision, etc. 

Placers of excessive area where located innocently 
are void only as to the excess. 

Sec. 4628-4630 U. S. Comp. ’16. 

Rule 30, Min. Reg. Land Dept. 

Page 674 U. S. Min. Stat. Ann. 

Lindley, Sec. 447-450. 

Pac. Dig. Mines, Sec. 18. 


13 







30. Discovery.—There must be a discovery of 
mineral in placer formation, that is, not in lode or 
vein form in place. One discovery of mineral on 
a placer whether of 20 or 160 acres is sufficient 
ordinarily. In the case of oil locations, the discov¬ 
ery may consist only of indications which justify 
the prosecution of work to reach the oil or* 
petroleum beds. 

Note 7, Sec. 4628, U. S. Comp. ’16. 

Pages 511, 513 U. S. Min. Stat. Ann. 

Rule 19, Min. Reg. Land Dept. 

Lindley, Sec. 437-438 b. 

Pac. Dig. Mines, Sec. 17. 

31. Location Notice, Posting.—A location notice 
must be posted on the claim. A location monument 
is not required. The notice must contain: 

(1) The name of the claim. 

(2) The name of the locator or locators. 

(3) Date of location and number of acres claimed. 

(4) The locality of the claim with reference to 
some natural object or permanent monument that 
will identify it. (See Sec. 15 for kind of natural 
objects or permanent monuments which may be 
referred to.)* 

(5) The notice should also, if on surveyed land, 
give the subdivision located, as the E*4 of the NEI4 
of the NEI4 of Sec. 12, Township, Range, etc. The 
name of the Mining District where known, and the 
County where the claim is situate should be stated. 

Par. 4038 R. S. C. C. Ariz. ’13. 

32. Boundary Monuments.—The boundaries of 
the claim must be marked at once by a post or 
monument of stones at each angle or corner of the 
claim. When posts are used, they must be at least 
four inches in diameter by four feet six inches, set 
one foot in the ground and surrounded by a mound 

* Page 51, Blank 111; 199 (Building Stone;) 460 (Oil). 

14 



of stone or earth. Stone monuments should be at 
least three feet in height and four feet in diameter 
at the base. 

Where it is impracticable on account of bedrock 
or precipitous ground to sink the posts, they may 
be placed in piles of stones. If it is impossible to 
erect and maintain a post or monument of stone at 
any angle or corner of the claim, a witness post or 
monument may be used, which must be placed as 
near the true corner as the nature of the ground 
will permit. 

Par. 4038-4039 R. S. C. C. Ariz. *13. 

33. Recording Notice, Discovery Work.—Within 
sixty days after the date of the location of the claim, 
a copy of the location notice must be recorded in 
the office of the County Recorder of the County in 
which the placer claim is situate. 

Par. 4040 R. S. C. C. Ariz. ’13. 

Discovery work is not required on placer loca¬ 
tions. The location as above holds the claim for 
that year, but assessment work is required begin¬ 
ning on the following year. 

Pa,r. 4040 R. S. C. C. Ariz. '13. 

Pac. Dig. Mines, Sec. 22. 

Ariz. Dig. Mines, Sec. 13. 


CHAPTER VI. 


TUNNEL RIGHTS AND MILL SITES 

A. TUNNELS. 

34. Source and Extent of Right. — Section 2323, 
Revised Statutes of the United States, gives the 
proprietors of a mining tunnel run in good faith 
the possessory right to fifteen hundred feet of any 


15 








blind lodes cut, discovered, or intersected by such 
tunnel, which were not previously known to exist, 
within three thousand feet from the face or point of 
commencement of the tunnel. After the commence¬ 
ment of the tunnel and during the continuance of 
the work, other parties are prohibited from making 
lode locations on the line of the tunnel within said 
three thousand feet, unless the lodes so located 
appear on the surface or were previously known to 
exist. The face or point of commencement means 
the place where the tunnel actually enters cover, 
from which point the three thousand feet are to 
be counted. 

Failure to prosecute the work on the tunnel for 
six months constitutes an abandonment of the right 
to all undiscovered veins on the line of the tunnel. 

Sec. 4619 U. S. Comp. ’16, and notes. 

Page 164 et seq. U. S. Mm Stat. Ann. 

Rule 16, Min. Reg. Land Dept. 

Lindley, Sec. 467-491. 

Pac. Dig. Mines, Sec. 33. 

35. Requirements for Location. — A substantial 

post, board or monument should be erected at the 
face or point of commencement of the tunnel. On 
this post or monument post a notice containing the 
following: 

(1) The names of the parties or company claim¬ 
ing the tunnel right. 

(2) The actual or proposed course or direction of 
the tunnel; the height and width thereof. 

(3) The course and distance from the face or 
point of commencement to some well-known object 
or objects in the vicinity which will identify and 
fix the place, as in the location of lodes. 

(4) The name of the Mining District, if known, 
and the county in which the tunnel is situate. 


16 


At the time of posting the notice, the side lines 
of the tunnel proper should be staked or monu- 
mented to the three thousand foot terminus in such 
manner as to establish the line of the tunnel and 
give notice thereof. It is also advisable to stake or 
monument the three thousand foot reservation 
within which the right to blind lodes or veins may 
be exercised, as fifteen hundred feet of any blind 
vein discovered in the tunnel may be taken wholly 
on one side of the tunnel line. 

Rule 17, Min. Reg. Land Dept. 

Notes 5, 10, Sec. 4619 U. S. Comp. ’16. 

Page 175 U. S. Min. Stat. Ann. 

36. Record of Notice and Statement.—A correct 
copy of the notice of location defining the tunnel 
claim must be filed for record with the County 
Recorder of the County in which the tunnel site is 
situate. 

To this notice must be attached the sworn state¬ 
ment or declaration of the tunnel claimants, owners 
or projectors, setting forth the facts in the case; 
stating the amount expended in prosecuting work; 
the extent of the work performed, and that it is 
bona fide their intention to prosecute work on the 
tunnel so located and describe with reasonable dili¬ 
gence for the development of a vein or lode, or for 
the discovery of mines, or both, as the case may be. 
The notice of location must be duly recorded, and, 
with the sworn statement attached, kept on the 
recorder’s files for future reference. 

Rule 18, Min. Reg. Land Dept. 

37. Discovered Veins or Lodes.—When veins or 
lodes are discovered, a location should be made on 
the surface, and 1,500 feet along the vein may be 
taken partially on both sides or wholly on one side 
of the tunnel. No rights are acquired by tunnel 


17 




claimants as against mining claims located prior 
to the location of the tunnel, but within the fifteen 
hundred foot reservation on either side of the center 
of the tunnel line, the tunnel claimant’s rights to 
blind veins discovered in the tunnel are superior 
to subsequent mining claims, if work on the tunnel 
has been pursued with due diligence. 

The usual extralateral rights apply to veins dis¬ 
covered in the tunnel. The tunnel right or claim 
cannot be patented, but when a blind lode is dis¬ 
covered and a surface location made on such vein, 
such claim so located may be subsequently patented. 

Notes Sec. 4619 U. S. Comp. T6. 

Page 164 et seq. U. S. Min. Stat. Ann. 

Lindley, Sec. 479-491. 

Pac. Dig. Mines, Sec. 33. 

B. MILL SITES. 

38. Nature and Extent.—Mill sites may be located 
on the unappropriated public domain on non-min¬ 
eral land, in any compact shape, but not exceeding 
five acres in extent, in the cases and for the purposes 
following: 

(1) Where the mill site area is used or required 
by the proprietor of a lode for mining or milling 
purposes. 

(2) Where the mill site claimant owns no lode, 
but has or desires to erect a quartz mill or reduc¬ 
tion works on the mill site. 

Sec. 4645, U. S. Comp. 46 and notes. 

Page 593, et seq. U. S. Min. Stat. Ann. 

Lindley, Sec. 519-525. 

39. Location, Notice, Boundary Monuments.— 

Mill sites are located in the usual manner, by post¬ 
ing and recording notices, containing the date, 
name of locator, name of mill site, area, description 


18 


by reference to natural objects or permanent monu¬ 
ments, the Mining District, and County where 
situate.* 

Lindley, Sec. 521. 

Morr. Min. Rights, 14th Ed. pp. 271-272. 

40. Improvements, Use, Patent.—When the mill 
site is used in connection with a lode claim or group 
any improvement in aid of mining and milling pur¬ 
poses is satisfactory, such as necessary mine build¬ 
ings, pumping works, and the dumping of waste ore 
or tailings. 

In order to legally hold the second class, there 
must be a mill or reduction works actually existing 
on the mill site. 

The mill site must be non-contiguous to the vein 
or lode, but it may be contiguous to the side line 
of the claim. A mill site may be patented. Dis¬ 
covery and annual work is not required. 

Pages 597-601-605 U. S. Min. Stat. Ann. 

Rules 61-65, Min. Reg. Land Dept. 

Lindley, Sec. 638. 

See p. 596, U. S. Min. Stat. Ann. for explanation 
of “non-contiguous.” 

CHAPTER VII. 


ANNUAL LABOR OR ASSESSMENT WORK, 
FAILURE OF CO-OWNER TO 
CONTRIBUTE 

41. Amount and Purpose of Annual Labor.—A 

lode or placer mining claim having been located as 
stated in Chapters III and V, the location so made 
holds the claim for that year. During each year 
thereafter, until a patent has been issued, not iess 
than one hundred dollars’ worth of labor shall be 


* 


Page 51, Blank 178. 


19 







performed or improvements made on the claim. 
The purpose of this requirement is to compel de¬ 
velopment and also to prevent monopolization of 
large tracts of mineral lands. An association placer 
of 40, 60, etc., or 160 acres requires only the usual 
one hundred dollar expenditure. 

Sec. 4620, U. S. Comp. T6, note 60. 

U. S. Min. Stat. Ann. pp. 233, 234, 236, 247 (as¬ 
sociation placer); also Merced v. Patterson, 
162 Cal. 358; 122 Pac. 950. 

Lindley, Sec. 623-625. 

Pac. Dig. Mines, Sec. 23. 

Ariz. Dig. Mines, Sec. 15. 

42. Time of Performance.—No assessment work 
is required during or for the year in which the loca¬ 
tion is made. The time for work begins on the 1st 
of January of the year succeeding the date of loca¬ 
tion. The owner may perform the assessment work 
at any time during the year. Thus if a claim is 
located on January 1st, 1916, no expenditure for an¬ 
nual labor is required during 1916. At any time 
during 1917, the owner may perform the work. If 
he fails to do so, the claim is not subject to loca¬ 
tion until January 1st, 1918. In such case, if the 
owner in good faith begins work during the last 
days of December, 1917, and prosecutes and con¬ 
cludes the work with diligence, the claim will not 
be forfeited, even though the greater part of the 
work is done in 1918. 

Sec. 4620, U. S. Comp. T6, note 67. 

Page 240, U. S. Min. Stat. Ann. 

Lindley, Sec. 632. 

43. Value of Work or Improvements.—The test of 

value is not the number of day’s work done on the 
claim, nor the contract price or what was paid for 
the improvements, but the reasonable value of such 


20 


work or improvements and whether or not the work 
and improvements were reasonably worth the sum 
of one hundred dollars. However, the number of 
days worked, the contract price, and the amount 
paid for improvements are evidence of the value 
and are usually the means whereby the value is 
ascertained. 

Note 65, Sec. 4620 U. S. Comp. ’16. 

Page 238 U. S. Min. Stat. Ann. 

Lindley Sec. 635. 

44. Who May Perform Work and Make Improve¬ 
ments. —Work done on a mining claim by anyone, 
whether holding the legal or equitable title, done in 
the interest of the claim, is available as annual labor 
to preserve it. Thus, the work may be performed 
by a stockholder of a corporation which owns the 
claims, by lessee, a receiver or trustee, etc. 

Note 66, Sec. 4620, U. S. Comp. ’16. 

Page 239, U. S. Min. Stat. Ann. 

Lindley, Sec. 633. 

45. Character of Work and Improvements, and 
Place of Performance. —Any mining work or im¬ 
provements for mining purposes performed or placed 
on the claim, of sufficient value, will not be ques¬ 
tioned. The assessment work may be done on the 
surface or below the surface of the chain or outside 
the claim boundaries. Labor or work performed with¬ 
out the claim must tend to the development and 
improvement of the mining claim for which is 
designed. Thus work may be done on other claims, 
patented or unpatented, or on the public domain, as 
in the case of a tunnel to explore the claim, or a 
road to make it accessible. 

Notes 67-68, Sec. 4620, U. S. Comp. T6. 

Pages 236, 240-248 U. S. Min. Stat. Ann. 

Lindley, Sec. 629-631. 


21 



46. Examples—Work, Improvements. — Explora¬ 
tion cuts, taking out ore, sinking shafts, driving tun¬ 
nels, prospect excavations, placement of mine equip¬ 
ment and machinery, and actual mining operations 
are work and improvements within the law. So also 
are churn and diamond drill holes made to explore 
and develop the property. Roads, trails, ditches and 
flumes constructed on or off the claim, but for its 
benefit, and to promote mining thereon, buildings 
erected on the claim, connected in any reasonable 
way with mining operations, are allowed as assess¬ 
ment work. The time and labor of a watchman and 
custodian in charge of works, machinery and build¬ 
ings on a mine, where mining operations are tem¬ 
porarily suspended, is labor on the claim. 

Notes 69-71, 73, 78, Sec. 4620, U. S. Comp. T6. 
Pages 241, 242, 244, 248, U. S. Min. Stat. Ann. 
Lindley, Sec. 629-631. 

47. Group Work.—Where a group of contiguous 
claims is owned by the same party or parties, the 
work or improvements may be performed or placed 
on one claim of the group. The whole group must 
be benefited by such work and improvements, as 
by a main shaft, a tunnel or a road for the benefit 
of the group, or other work or improvements which 
tend to the development of the group. Part of the 
work may be done on one or more claims of the 
group and part outside the group. On oil claims 
work on one of a group may be done for not ex¬ 
ceeding five contiguous claims in ail. 

The work or improvements on one claim of a 
group must be equal in value to that which would 
be required on all the claims if they were separate 
and independent; that is, not less than one hundred 
dollars for each claim. 

Sec. 4620 U. S. Comp. T6, notes 74-77. 


22 


Pages 245-247, U. S. Min. Stat. Ann. 

Sec. 4636, U. S. Comp. ’16 (Group work oil 
claims.) 

Lindley, Sec. 630-631. 

48. Recording Proof of Labor.—The owner is not 
required to record proof of assessment work, but 
he, or some person for him knowing the facts, may, 
at any time after the work is done up to the 1st of 
April of the succeeding year to that in or for which 
the assessment work was done, make and record 
such proof with the County Recorder of the County 
wherein the claim or claims are situate. A form of 
affidavit for this proof is provided by the statute, 
Par. 4035 Revised Statutes, C. C. Ariz. T3.* 

Where annual work is done on or for a group of 
claims, owned by the same person or persons, all 
such claims may be included in a single affidavit. 
Such affidavit, when recorded, is prima facie proof 
of performance of annual labor, and the original 
after record, a certified copy thereof, or the record 
is received as evidence by the Courts of the State. 

Par. 4035, 4036, R. S. C. C. Ariz. ’13. 

Lindley, Sec. 636. 

49. Forfeiture to Co-owners.—When two or more 
parties are the owners of a claim or claims, and the 
annual labor is performed at the expense of one or 
more of such co-owners, and the others fail to con¬ 
tribute their share of the expense for assessment 
work, the co-owner or co-owners at whose expense 
the work was done may acquire the interest of the 
delinquents in the property as follows: 

At the expiration of the year in or for which the 
work was done, the co-owner, at whose expense the 
annual work was performed, may give the delin¬ 
quent co-owner personal notice in writing, or notice 
by publication in the newspaper published nearest 

* Page 51, Blank 183. 

23 






the claim for at least once a week for ninety days. 
If the delinquent co-owner within 90 days after per¬ 
sonal service of such notice, or within 180 days after 
the first publication, if notice is so given, shall fail 
or refuse to contribute his proportion of such ex¬ 
penditure for assessment work, his interest in the 
claim shall become the property of his co-owner at 
whose expense the assessment work was done. 

Sec. 4620, U. S. Comp. ’16, notes 106-115. 

Par. 4042, R. S. C. C. Ariz. ’13. 

Rule 15, Min. Reg. Land Dept. 

Lindley, Sec. 646. 

50. Record of Forfeiture to Co-owner.—In order 

to make the record title complete, the claimant of 
a forfeited interest as aforesaid, must have the fol¬ 
lowing recorded in the office of the County Re¬ 
corder of the County wherein the claim is situate: 

(1) In case of personal service of the notice, “an 
affidavit of the person giving such notice, stating 
the time, place, manner of service, and by whom 
and upon whom such service was made” attached 
to a true copy of the notice. 

(2) If the notice has been given by publication 
in a newspaper, “an affidavit of the editor, publisher 
or foreman of such paper (attached to a printed 
copy of the notice), stating the day of the first, last 
and each insertion of such notice therein, and when 
and where the newspaper was published during that 
time and the name of such newspaper.” 

(3) The claimant must also make and record 
with the foregoing a sworn statement that his de¬ 
linquent co-owner failed to contribute his propor¬ 
tionate share of expense within the 90 or 180 day 
period, as the case may be. 

Par. 4042, 4043, R. S. C. C. Ariz. T3. 

51. Number of Claims, Co-owners, etc.—Several 


24 


claims may be included in one notice, but in such 
case, the notice must state the amount of money 
spent on each claim, or if the labor was performed on 
one or more claims for a group, the notice should 
so state. The notice may cover the expenditure of 
assessment work for several years and the failure of 
the delinquents to contribute during that time. One 
or more co-owners may give notice to one or more 
delinquents. 

•Note 111, Sec. 4620 U. S. Comp. T6. 

Page 275, U. S. Min. Stat. Ann. 

52. Payment by Delinquent.—The delinquent co¬ 
owner is only required to contribute his share of the 
actual and necessary amount required to be ex¬ 
pended, that is, one hundred dollars for each claim 
each year. If after notice given and within the time 
mentioned, the delinquent shall contribute his proper 
proportion, the co-owner, giving the notice, shall sign 
and deliver to the delinquent, a, writing stating that 
the delinquent, by name, has within the time required 
(90 or 180 days) contributed his share for the year 

or years . upon the . 

Mining Claim, stating the District, County and State 
in which the claim is situate, and the book and page 
where the location notice is recorded. Such writing 
shall be recorded in the office of the County Re¬ 
corder of the County. 

Failure to sign and deliver this writing within 
twenty days after contribution subjects the co-owner 
to a penalty of $100.00, which may be recovered in 
a civil action by any person for the use of the de¬ 
linquent. If within twenty days such writing is not 
delivered, “then the delinquent, with two disinter¬ 
ested persons having personal knowledge of said 
contribution, may make an affidavit, setting forth 
in what manner, the amount of, to whom and upon 


25 




what mine such contribution was made. Such affi¬ 
davit. or a record thereof in the office of the County 
Recorder of the County in which said mine is situ¬ 
ate, shall be prima facie evidence of such contri¬ 
bution.” 

Par. 4044, 4045, R. S. C. C. Ariz. ’13. 

CHAPTER VIII. 


AMENDED LOCATIONS, ABANDONMENT 
AND FORFEITURE, RESUMPTION OF 
LABOR, RELOCATIONS 

A. AMENDED LOCATIONS. 

53. Scope, Cannot Affect Intervening Right. — 

“Location notices may be amended at any time and 
the monuments changed to correspond with the 
amended locations; provided that no change shall be 
made that will interfere with the rights of others.” 
(4034 R. S. C. C. Ariz. ’13.) 

Amendments may be made to correct courses and 
distances mentioned in the original notice, change 
the name of the claim, correct the names of the lo¬ 
cators, and to show the true facts and the claim as 
it lies on the ground. The monuments may be 
changed also. Where a mistake has been made as 
to the course of the vein or lode, the claim may be 
swung around so that it wiil lie lengthwise along 
the lode. However, such changes cannot be made 
if they interfere with intervening or prior rights. 
An intervening right is one which arises after the 
original location but before the amendment is made. 

Notes 31, 41, Sec. 4620, U. S. Comp. T6. 

Pages 182, 205, 233, U. S. Min. Sta.t. Ann. 

Morr. Min. Rights, 14th Ed. pp. 151-158. 
Lindley, Sec. 396-398, 460. 

Ariz. Dig. Mines, Sec. 17. 


26 



54. Relation Back, Lapse of Ground in Conflict.— 

The amendment usually relates back to the date of 
the original location, but where additional territory 
is included or the claim is swung around, it operates 
only from the date of the amendment. 

If part of a claim as originally located lies over 
a prior valid claim, which subsequently lapses or be¬ 
comes open to location, such conflicting territory 
may be included in the later location by way of 
amendment, and in such case, the right as to the 
ground in conflict dates from the amendment. 

Morr. Min. Rights, 14th Ed. pp. 153-155. 

Lindley, Sec. 398, 460. 

See citations to Sec. 53, supra. 

55. Discrepancy Between Notice and Monuments. 

—Where the description of courses and distances in 
the notice vary from the actual territory as bounded 
by the monuments, the latter control. Thus if the 
notice shows the claim to be located in a northerly 
and southerly direction and the monuments on the 
ground show it to lie easterly and westerly, the 
monuments govern. 

Note 58, Sec. 4620, U. S. Comp. ’16. 

Pages 231-232, U. S. Min. Stat. Ann. 

Ariz. Dig. Mines, Sec. 12. 

56. By Whom and How Made.—An amendment 
may be made by the original locator, subsequent 
owner, or any one acting for them. By subsequent 
owner is meant heirs, representatives or assigns of 
the original locator; that is, anyone who holds 
title under the original location. 

The amendment of a location is made by posting 
and recording the corrected notice, and changing the 
boundary monuments to correspond when such 
change is required and may be done without inter- 


27 


ference with intervening rights. The amended notice 
may be in the usual form used for original locations, 
but should be denominated “Amended Notice of 
Lode, Piacer, etc. Location.” The notice should 
contain a statement that it is an amended location 

notice of the . claim, giving the date 

of the original location, and the name of the locator. 
The amended notice must be signed by the name of 
the claimant or person who owns the claim at the 
time of the amendment.* 

Par. 4034, R. S. C. C. Ariz. T3. 

Notes 31, 41, Sec. 4620 U. S. Comp. ’16. 

Morr. Min. Rights, 14th Ed. p. 158. 

B. ABANDONMENT AND FORFEITURE. 

57. What is Abandonment and How Determined? 

—A mining claim legally located may be abandoned 
at any time by the owner. The locator or owner may 
renounce his rights under the location and leave the 
property, which then immediately becomes open to 
relocation. 

Abandonment is a question of intention and such 
intention is a question of fact to be determined from 
the ^,cts, the statements of the locator or owner and 
all the circumstances. “Abandonment of a mining 
claim takes place when a miner gives up a claim 
and goes away from it without any intention of 
holding or re-possessing it, and regardless of what 
ma/y become of it, or who may appropriate it.” 
Abandonment operates immediately. 

Notes 88-96, Sec. 4620, U. S. Comp. T6. 

Pages 258-262, U. S. Min. Stat. Ann. 

Lindley, Sec. 642-644. 

Pac. Dig. Mines, Sec. 24. 

Ariz. Dig. Mines, Sec. 21. 

58. Forfeiture Defined, Burden of Proof.—A for- 


* Page 51, Blank 109. 


28 




feiture occurs when the locator or owner of a min¬ 
ing claim, within the time and as provided by law, 
fails to preserve his rights by complying with the 
conditions imposed by law, and while he is so delin¬ 
quent another enters upon the ground and relocates 
it. They are of two kinds. Forfeiture, by reloca¬ 
tion of ground open on account of the failure of 
the original locator to complete his location within 
the time and as provided by law. Forfeiture, by re¬ 
location of ground open because of failure to do the 
annual labor or resume the work before the reloca¬ 
tion. Forfeitures are not favored by the courts. The 
burden of proof is on the relocator and must clearly 
show the failure of the owner to comply with the 
law. If the locator completes his location after the 
period provided, but before a relocation is made, the 
claim will not be forfeited. 

Notes 82-87, Sec. 4620, U. S. Comp. ’16. 

Pages 254-258, U. S. Min. Sta,t. Ann. 

Par. 4031, R. S. C. C. Ariz. T3. 

Lindley, Sec. 384-390, 645. 

Pac. Dig. Mines, Sec. 25. 

Ariz. Dig. Mines, Sec. 21. 

59. Instances.—The original locator of a lode 
claim fails within ninety days to record his notice, 
sink his shaft or do other work in lieu thereof, or 
monument his claim as provided by law. After the 
ninety day period and while the original locator is 
delinquent in any of the above requirements and is 
not actually completing same, a relocation is made. 
This operates as a forfeiture. 

The owner of a claim fails to perform any or suf¬ 
ficient assessment work as provided by law and the 
claim becomes subject to location. While so open, 
and before the owner, that is, the original locator, 
his heirs, representatives or assigns, renews the 


29 


work, a relocation is made. The claim is forfeited. 

See citations to preceding section. 

C. RESUMPTION OF LABOR. 

60. Explanation.—While the law requires annual 
labor to be performed each year, beginning in the 
year after the location is made, failure so to do for 
one or more years does not forfeit the location. A 
valid location remains such regardless of the failure 
to perform assessment work or make improvements. 
Such failure merely leaves the ground open to lo¬ 
cation. If a relocation is made when the ground is 
so open the original location is forfeited and all 
rights thereunder cease. But, if after failure to per¬ 
form the assessment work for one or more years, 
the locator or owner renews work in good faith 
before any relocation is actually made, the ground 
is no longer open, and the rights of the original 
owner stand as if there had been no failure at any 
time in performing the annual labor. This is known 
as “resumption of labor.” 

Sec. 4620 U. S. Comp. T6, note 101. 

Pages 251, 256, 259, 264, 266-267, U. S. Min 
Stat. Ann. 

Lindley, Sec. 651-654. 

61. What Constitutes Resumption of Labor.—The 

renewal of labor on the claim must be in good faith. 

It must be pursued with reasonable diligence until 
the annual requirement for the year is satisfied. The . 
owner is not required to make up or perform addition¬ 
al work for the year or years in which work was not 
done. He need only complete the work for the year 
in which it was renewed. During the renewal of 
labor, he is not required to continue the work on 
Sundays or holidays. 

Page 252, U. S. Min. Stat. Ann. 


30 


Lindley, Sec. 652. 

Ariz. Dig. Mines, Sec. 17, 19. 

D. RELOCATIONS. 

62. Meaning of.—Relocation as applicable to min¬ 
ing is a location of ground which at some previous 
time has been located, but which through abandon¬ 
ment, failure to complete the location within the 
time provided, or failure to do the assessment work, 
has become open to location. 

Notes 97-105, Sec. 4620, U. S. Comp. T6. 

Pages 263-271 U. S. Min. Stat. Ann. 

Lindley, Sec. 402-409. 

Pac. Dig. Mines, Sec. 26. 

Ariz. Dig. Mines, Sec. 17. 

63. How Made and by Whom.—A relocation is 
made in the same manner as an original location, 
except that the location work on a lode claim may 
be performed as stated heretofore in Section 16. It 
is not necessary to refer in the notice to the fact 
that the ground has been abandoned or forfeited. 

Relocations are usually made by persons other 
than the original locator or his successors in interest. 
A person may of course locate a claim, then abandon 
it, and at some later time relocate the same prop¬ 
erty. It is doubtful if the original locator or those 
claiming under him may relocate to avoid the neces¬ 
sity of doing assessment work, but such relocations 
have been upheld on the theory of resumption of 
labor or as in the nature of an amendment. 

Par. 4037, R. S. C. C. Ariz. T3. 

Note 104, Sec. 4620, U. S. Comp. ’16. 

Page 265, U. S. Min. Stat. Ann. 

Lindley, Sec. 405-406, 408. 

64. Relocation Made After Resumption of Work. 

—A relocation made after work has been resumed 


31 


in good faith and while it is being prosecuted dili¬ 
gently is of no validity, even though the owner 
abandons work before performing the required 
amount. If the work is not diligently continued 
until the required one hundred dollars’ expenditure 
is made, the claim becomes again open to relocation 
from the date of the discontinuance of the work. 

Note 101, Sec. 4620, U. S. Comp. ’16. 

Pages 266, 269, U. S. Min. Stat. Ann. 

Lindley, Sec. 408, 652. 

65. Entry of Claim for Patent.—When a claim has 
been entered for patent and the claimant has paid 
the purchase price and received his certificate, he 
is excused from doing the assessment work pending 
the issuance of the patent. During that period the 
ground is not open to relocation even though sub¬ 
sequently the patent is not issued, unless the entry 
is cancelled for fraud. 

Note 100, Sec. 4620, U. S. Comp. ’16. 

Page 268, U. S. Min. Stat. Ann. 

Lindley, Sec. 637. Mont. case. 

66. Relocation on Ground Not Open Void.—If the 

ground attempted to be located is not open at the 
time, the relocation is void. Where part of the re¬ 
location included ground covered at the time by a 
valid existing location, which subsequently lapses, 
such ground may be included in the relocation by 
amendment. 

Note 98, Sec. 4620, U. S. Comp. ’16. 

Pages 263-265, 267, U. S. Min. Stat. Ann. 

Pac. Dig. Mines, Sec. 27. 

67. Effect of Relocation by Agent, Co-owner or 
Trustee.—A relocation by an agent, co-owner, em¬ 
ployee, trustee, or other party in confidential rela¬ 
tions with the owner of a claim, in violation of a 


32 


contract or in breach of trust does not divest the 
owner of his rights in the property. The person so 
relocating or fraudulently securing the title holds the 
property as trustee for the rightful owner. 

Note 105, Sec. 4620, U. S. Comp. ’16. 

Page 271, U. S. Min. Stat. Ann. 

Lindley, Sec. 406-407. 

Ariz. Dig. Mines, Sec. 6. 


CHAPTER IX . 


NATURE OF TITLE AND TRANSFERS OF 
LOCATIONS, LIENS 

68. Mining Location as Property.—The legal title 
to the ground covered by an unpatented mining 
claim is in the United States but the right of pos¬ 
session, until abandoned or forfeited, is in the lo¬ 
cator and his successors in interest. This right of 
possession is a real property right and subject only 
to the paramount title of the Government. It may 
be sold, transferred, encumbered by liens or mort¬ 
gages, inherited and taxed. 

Par. 2061, R. S. C. C. Ariz. ’13. 

Sec. 4618 U. S. Comp. ’16, notes 24, 25. 

Note 9, Sec. 4620 U. S. Comp. ’16. 

Pages 110-127, U. S. Min. Stat. Ann., particu¬ 
larly pp. 122-124. 

Pac. Dig. Mines, Sec. 28, 29. 

Ariz. Dig. Mines, Sec. 4, 29. 

Lindley, Sec. 539. 

69. Conveyances.—The forms of conveyances ap¬ 
plicable to real property are generally used to trans¬ 
fer mining claims. An ordinary quit-claim deed 
passes title, but a special form known as a “mining 
deed” containing clauses specifically referring to and 


33 






conveying the minerals, ledges, etc., is commonly 
used. A grant of a lode claim conveys the extra¬ 
lateral rights that may be incident.* 

Note 27, Sec. 4618 U. S. Comp. ’16. 

Pages 124, 188, U. S. Min. Stat. Ann. 

Morr. Min. Rights 14th Ed. p. 306. 

Pac. Dig. Mines, Sec. 34, 53-55. 

Lindley, Sec. 270, (p. 618), 617. 

70. Married Persons, Aliens.—The husband or 
wife may convey his or her interest in an unpat¬ 
ented claim without the other joining in the con¬ 
veyance. Aliens, or alien corporations, may pur¬ 
chase, hold, operate or sell mining claims, and mill 
sites both patented and unpatented. 

Par. 2C61, 4716, R. S. C. C. Ariz. ’13. 

Note 26, Sec. 4618 U. S. Comp. ’16. 

71. Taxes.—By special law in Arizona only pro¬ 
ducing unpatented mines are taxed. All patented 
mines and mining claims are taxed. The improve¬ 
ments on an unpatented non-producing mine are 
taxed, but not the claim itself. Tax liens are en¬ 
forced in the usual manner. The Statute, Chapter 
XII, Title 49, Revised Statutes Arizona, 1913, de¬ 
fines a productive mine. It must show net proceeds 
after deducting operating expenses, and certain other 
charges allowed by the law, for the calendar year 
preceding the }^ear in which the assessment for 
taxes is levied. 

Note 28, Sec. 4618, U. S. Comp. T6. 

72. Laborers’ and Materialmen’s Liens. — “All 

miners, laborers and others who may labor, and all 
persons who may furnish material or merchandise 
of any kind, designed or used in or upon any mine, 
or mining claim, and to whom any sum is due for 
such labor or material or merchandise, shall have a 


* Pag’e 51, Blank 112, also 158. 

34 



lien upon the same for such sums as are unpaid***.” 
(Par. 3654, Revised Statutes of Arizona, Civil Code, 
Amend. Chapter 67, Reg. Session, Second Legisla¬ 
ture, 1915.) 

The lien attaches when the labor is done, or the 
material or merchandise furnished as above, for and 
at the request of the owner of the claim or mine, 
his agent, trustee, receiver, or contractor, or a lessee, 
his agent, or contractor, or person, partnership or 
corporation holding an option on the claim, where 
the lease or option from the owner permits work 
and development. The lien attaches to patented as 
well as unpatented claims. 

Pac. Dig. Mines, Sec. 111-117. 

Ariz. Dig. Mines, Sec. 23. 

73. Priority of Lien and How Fixed.—The lien 
is superior to any prior lien, encumbrance or mort¬ 
gage, except such as may have attached prior to 
December 5, 1912. 

An original contractor, that is, one who deals di¬ 
rectly with the owner or his agent, must, within 
ninety days after the work ceases or from the date 
of the last item of material furnished, file for record 
with the County Recorder of the County in which 
the claim is situate, a notice and claim of lien under 
oath by one who has knowledge of the facts, and 
a duplicate copy thereof must be served upon the 
owner within a reasonable time if he can be found 
within the County. Persons other than original 
contractors must record their liens within sixty days 
after they cease work or furnish the last item of 
material or merchandise. Suit must be brought on 
the claim in the Superior Court of the County within 
six months after the lien is filed for record. The 
assignee of a lienable claim may enforce it. 

Chapt. II, Title 29, R. S. C. C. Ariz. ’13. 


35 


74. Notice to Avoid Lien on Claim Worked Under 
Lease or Option.—Liens against mines worked under 
lea ( se, bond or option may be avoided if the owner 
give “notice of non-liability for labor or materials 
furnished” as follows 

Prior to the beginning of operations by the lessee 
or party holding an option, the owner shall post the 
notice of non-liability “at the collar of all working 
shafts, tunnels, or entrances to the mine, entrances 
to all boarding houses,” mail “by registered mail to 
the secretary of any labor union at such camp, if 
any exist” the said notice, and within thirty days 
from the date of such lease, bond or option, file 
the notice for record with the County Recorder of 
the County in which the claim is situate. The lessee 
or person so working the mine must keep the notices 
posted. His failure so to do is a misdemeanor. The 
notice shall be in form provided by the statute, Par. 
3654, as amended (cited above).* 

Par. 3654, R. S. C. C. Ariz. T3, Amend. Chapt. 

67, Reg. Sess. Second Legislature, T5. 

75. Judgment Liens.—Judgment liens apply to 
mining claims as to other real property. The lien 
is enforced by the ordinary execution, notice, and 
sale. 

Bradford vs. Morrison, 10 Ariz. 214, 

86 Pac. 6; 

212 U. S. 389. 

CHAPTER X. 


PATENTS, ADVERSE, PROTEST 

76. What May be Patented, Purchase Price.—The 

law authorizes the issuance of patents for lode and 
placer mining claims, known lodes on placers, and 
mill sites, in proper cases. 


* Page 52 , Blank 463. 



36 




The purchase price for lodes and mill sites is five 
dollars per acre and eaich fraction; for placers two 
dollars and fifty cents per acre and each fraction. 

If a known lode on a placer be patented with the 

placer, the price is five dollars per acre for the lode 
claim, a strip twenty-five feet in width on either 
side of the lode or vein, and two dollars and fifty 
cents per acre for the balance of the placer. 

Sec. 4614, U. S. Comp. T6 and notes. 

Sec. 4622, 4628, 4629, 4632, 4633, 4635, 4641 and 

4645 (mill sites), U. S. Comp. T6, and notes. 

U. S. Min. Stat. Ann., pp. 9, 289, 507, 526, 554, 
1328, 1043, 1213 and 593, (mill sites), cases 
cited on following pages. 

77. Group, Non-contiguous Tracts. —Any number 
of contiguous claims under the same ownership may 
be included in one survey, application and entry for 
patent. Non-contiguous claims cannot be included 
in the same entry. Patent for non-contiguous tracts 
under one lode location divided by an intervening 
cross location, has been granted. As a general rule 
only one mill site claim may be patented under one 
application in connection with a group of lodes un¬ 
less a.ctual necessity for more exists. 

Notes 67, 68, Sec. 4622, U. S. Comp. ’16. 

Note 26, Sec. 4628, U. S. Comp. T6. 

Pages 323, 324, 522, U. S. Min. Stat. Ann., also 
p. 605 (mill sites). 

78. Basis for Patent. — The applicant must be a 
citizen or have declared his intention to become 
such. By “citizen” is meant any person, associa¬ 
tion or corporation authorized to locate a claim, 
(See Sec. 1). He must claim title under a valid 
recorded location; or peaceable adverse possession 
and working of the claim for ten years; or such pos¬ 
session and working and payment of taxes, if any, 


37 


for five years, under a genuine deed or deeds duly 
recorded. If a lode or placer, five hundred dollars’ 
worth of labor must have been expended or im¬ 
provements made on or for the claim by the appli¬ 
cant or his grantors. The ground must be mineral. 
In the case of a mill site, the ground must be non¬ 
mineral, and the improvements mentioned heretofore 
in Section 38 must exist. 

Sec. 4622 U. S. Comp. T6, notes 16, 27, 63. 

Sec. 4614 U. S. Comp. ’16, notes 26, 27, 36. 

Sec. 4616 U. S. Comp. ’16, and notes. 

Notes 2, 29, Sec. 4618 U. S. Comp. T6. 

Sec. 4628, 4631, 4645, U. S. Comp. ’16, and notes. 

Pages 26, 29, 208-213, 547-553, 344-355, 313-320, 
593-607, U. S. Min. Stat. Ann. 

Lindley, Sec. 688 (adverse possession) page 1719. 

Par. 697-699, R. S. C. C. Ariz. T3. 

Pac. Dig. Mines, Sec. 39, 49. 

79. Application and Procedure for Patent.—The 

services of a lawyer are always necessary to secure 
a patent. The procedure is rather technical and in¬ 
volved. The claim must be surveyed under the in¬ 
structions of the Surveyor-General of the State, plats 
and field notes made. A plat of the claim and 
notices of intention to apply for patent must be 
posted on the claim and in the land office, and 
sixty days’ publication made in a newspaper desig¬ 
nated by the Register as published nearest the claim. 
Abstract of title and various proofs must be filed 
with the Register and Receiver of the local United 
States Land Office.* 

The regulations of the Land Office fully cover 
this procedure. They are printed and can be secured 
on request. 

Sec. 4622, U. S. Comp, T6, notes 12-33. 

Pages 299-370, U. S. Min. Stat. Ann. 


* Pages 51-52, Blanks 341-347. 


38 



Rules 34-77, Min. Reg. Land. Dept. 

Morr. Min. Rights, 14th Ed. pp. 482-542. 

Lindley, Sec. 670-673, 677-697, 699-705, 708. 

Pac. Dig. Mines, Sec. 40. 

80. Adverse.—Within the sixty day period of pub¬ 
lication of notice of application for patent, anyone 
claiming ownership or a right in the ground sought 
to be patented adverse to that of the applicant, may 
file his claim under oath with the Register and Re¬ 
ceiver. Within thirty days thereafter, suit must be 
brought in the appropriate court against the appli¬ 
cant, and the possessory right to the land deter¬ 
mined. The patent proceedings are stayed until the 
adverse action is settled either by judgment, dis¬ 
missal or failure to bring the action, and the proper 
proof thereof filed with the Register and Receiver. 

Sec. 4622, U. S. Comp. ’16, notes 34-44. 

Sec. 4623, U. S. Comp. ’16, and notes. 

Sec. 4624, 4625, U. S. Comp. ’16, and notes. 

Pages 370-385, 429-503, U. S. Min. Stat. Ann. 

Rules 78-88, 95, Min. Reg. Land Dept. 

Morr. Min. Rights, 14th Ed. pp. 542-572. 

Lindley, Sec. 712-766. 

Pac. Dig. Mines, Sec. 41. 

Ariz. Dig. Mines, Sec. 30. 

81. Protest.—Prior to the issuance of patent, a 
protest may be filed by anyone. The usual ground 
of protest is non-compliance by the applicant with 
the mining laws and regulations. Protests in aid 
of an adverse action are not usually allowed, but 
a co-owner excluded in the application from the 
patent may protest against the issuance of the pat¬ 
ent as applied for, as his claim would not be the 
basis of an adverse. If sufficient reasons appear, a 
heading on the protest is held in the Land Office. 

Sec. 4622, U. S. Comp. ’16, notes 45-46. 


39 


Pages 385-390, U. S. Min. Stat Ann. 

Rule 53, Min. Reg. Land Dept., also rules 99- 
111 as to mineral character. 

M>orr. Min. Rights, 14th Ed. pp. 572-575. 

Lindley, Sec. 712, 689, 717. 

82. Patent Title.—After patent has been issued 
for a claim the title for the ground becomes fixed 
in the owner. He has not only the right of posses¬ 
sion, but also the title to the land itself with such 
extralateral rights as may be incident to the claim. 
This title can be nullified only on account of fraud 
in securing the patent. The boundaries of the claim 
become fixed and determined, annual labor is not 
required. The claim is not subject to forfeiture and 
abandonment merely does not divest the owner of 
title. It is subject to the ordinary rules of law 
governing real estate. 

Note 41, Sec. 4614, U. S. Comp. T6. 

Notes 77, 78, 89, Sec. 4622, U. S. Comp. T6. 

Pages 401, 410-413, 424, U. S. Min. Stat. Ann. 

Lindley, Sec. 777-784. 

Pac. Dig. Mines, 42-44. 

CHAPTER XI. 


MINING CONTRACTS, PARTNERSHIPS, COR¬ 
PORATIONS, FINANCING PROPERTY 

83. Contracts General.—Mining claims and prop¬ 
erty may be the subject of many of the ordinary con¬ 
tracts relating to real estate, and are governed by 
the same rules. The nature of mining property, its 
location and peculiar value give rise to certain con¬ 
tracts which are distinctive to mining law. 

Lindley, Sec. 857. 

Pac. Dig. Mines, Sec. 56. 

Ariz. Dig. Mines, Sec. 24. 


40 



84. Grubstake Contracts. —In Arizona, as else¬ 
where in mining states, the grubstake contract is 
recognized. This arises under an agreement where¬ 
by one party supplies the outfit and provisions, and 
advances the money to defray the expenses, and the 
other part}* goes into the mining district to pros¬ 
pect for, discover and locate mining claims. Loca¬ 
tions ma/de under such contracts are for the equal 
benefit of each party, unless some other division 
is agreed upon. If the prospector locates the claims 
in his own name, he holds the interest of the other 
party as trustee. The contract need not be in 
writing. A grubstake contract does not of itself 
create a mining partnership, as it applies only to 
the location or acquisition of the claims. 

Page 55, L T . S. Min. Stat. Ann. 

Morr. Min. Rights, 14th Ed. pp. 346-350. 

Lindlev, Sec. 858. 

85. Leases. —Since the value of mining property 
lies in its ores, a lease is in the nature of a sale of 
a portion of the real estate, to-wit: of such ore as 
may be extracted by the lessee during the term of 
the lease. To constitute a lease, the lessee must 
have an irrevocable right for a certain term and an 
interest in the property as the exclusive right of pos¬ 
session, and to the ores that may be taken out by 
him during the term. A lease of a mine is to be 
distinguished from a mining license which gives 
a right to mine ores, but conveys no title in the ores 
until severed, is not assignable, and may be revoked 
at any time unless coupled with an interest in the 
land, as an option to purchase. 

Lindley, Sec. 860, 861. 

Pac. Dig. Sec. 56, et seq. 

86. Special Conditions of Lease. —If the claim is 
unpatented, the lessee is required to do the arssess- 


41 


ment work. To prevent stripping the mine, he is 
usually compelled to do certain development work. 
The rent is nearly always based on the ores or min¬ 
erals extracted. A royalty or percentage of the gross 
or net proceeds is paid as rent. Provisions are made 
for forfeiture in case of non-payment, failure to 
work or perform conditions imposed by the con¬ 
tract. Fixtures placed by the lessee remain his 
property unless otherwise provided in the lease. If 
for more than one year, the lease must be in 
writing.* 

Pac. Dig. Mines, Sec. 56, et seq. 

Morr. Min. Rights, 14th Ed. pp. 330-346. 

87. Options, Sales.—While mines may be con¬ 
tracted for sale or sold under the ordinary contracts 
to sell or of sale relating to real estate, the usual 
method is by an option contract. By this contract 
the owner binds himself to sell at a certain price 
to be paid usually in installments. The would-be 
purchaser is given exclusive possession of the ground 
for the purpose of exploring the same, and as a 
consideration for the option and in order to keep 
it good, he is required to do certain development 
work, assessment work, and carry on mining opera¬ 
tions. Ordinarily he is authorized to sell and dis¬ 
pose of minerals, paying a royalty thereon, which is 
applied on the purchase price. If the purchaser de¬ 
faults in work or payments the owner may forfeit 
the contract. In such a contract, the prospective 
purchaser is not bound to pay the purchase price. 
He has his option whether or not to pay within the 
time stated. In order that the option be binding 
on the owners, there must be a valuable considera¬ 
tion, either a payment down or a binding promise 
by the purchaser to make a payment or to develop 
the property. This contract must be in writing and 
the conditions must, unless waived, be performed 

* Page 51, Blanks 179, 158 1 / 2 . 


42 



within the time provided. In case of forfeiture, any 
payments made are retained by the owner.* 

Pac. Dig. Mines, Sec. 53-55. 

Ariz. Dig. Mines, Sec. 24-28. 

Morr. Min. Rights, 14th Ed. pp. 317-330. 

Lindley, Sec. 859. 

88. Partnership. —Where two or more co-own¬ 
ers or co-lessees of mining property jointly work 
the same and share according to the interest of 
each in the profit and loss, a mining partnership 
arises. There must be an actual working of the 
property. Mere co-tenancy does not create a part¬ 
nership. An express agreement is not necessary to 
the creation of such a partnership. A mining part¬ 
nership differs from a general partnership in that 
one partner can bind the firm by acts in the name 
of the partnership only in such matters as may be 
necessary to the transaction of the business in which 
they are engaged. 

Pac. Dig. Mines, Sec. 96-100. 

Morr. Min. Rights, 14th Ed. p. 339. 

Lindley, Sec. 796-803. 

89. Mining Corporations.** 

Domestic. 

Corporations for mining are formed under the 
general law of the State, relating to corporations. 
(Chapter II, Title IX Revised Statutes of Arizona, 
1913). Any two or more persons may form such 
a corporation. In order to incorporate, they meet, 
adopt, sign and acknowledge Articles of Incorpora¬ 
tion. The Articles are filed with the Corporation 
Commission, a certified copy thereof from that body 
is recorded in the office of the County Recorder of 
the County or Counties in which the corporation is 
transacting business. An agent upon whom process 

* Page 51. Blanks 459, 158. 

** Pages 52-56. corporate Supplies. 


43 



may be served is named, and his appointment filed 
with the Commission. Upon the performance of 
these acts, the Commission issues a certificate of 
incorporation and the Company may transact busi¬ 
ness. The Articles, however, must be published six 
times in a newspaper of the County where the 
principal place of business or works of the com¬ 
pany is located. If no paper is published in the 
county, the publication must be made in some news¬ 
paper having general circulation in the County. 
Within three months of the date of recording ttie 
Articles with the County Recorder, proof of publi¬ 
cation must be filed with the Commission. A cor¬ 
poration duly organized has all the power of a 
private individual with respect to the acquisition, 
possession, working and transfer of property. It 
has the power of perpetual succession, and it may 
exempt the private property of its stockholders from 
liability for corporate debts. 

Foreign. 

By compliance with Chapter VII, Title 9, Re¬ 
vised Statutes of Arizona, Civil Code, 1913, a for¬ 
eign corporation, that is “any company incorporated 
under the laws of any other state, territory, or any 
foreign country”, may, if organized for such purpose, 
operate and carry on a mining business in this state. 
To secure a license authorizing it to transact busi¬ 
ness in this State, a foreign corporation must file 
a certified and duly authenticated copy of its Arti¬ 
cles of Incorporation or charter, and the appoint¬ 
ment of a resident agent or agents with the Cor¬ 
poration Commission, and pay a: license fee of 
Fifteen Dollars. Publication of its Articles of In¬ 
corporation must be made “at least six times in 
some newspaper published in each of the counties 
in this State in which such business is to be carried 


44 


on.” Proof of such publication must be made and 
filed with the Commission. 

Pac. Dig. Mines, Sec. 102-108. 

90. Financing Mines and Prospects. —From a fi¬ 
nancial standpoint, mining property and claims are 
divided into two classes, “prospects” and “mines.” 
A “prospect” is undeveloped or partially developed 
mining property, and remains such until continued 
development either proves the property to be a 
“mine” or determines it to be of no value for min¬ 
ing. A “mine” is a claim, group or tract of mineral 
ground sufficiently developed to prove that profits 
can be secured from the mineral deposits thereon 
to repay the investment and expenditures required 
for working, together with interest on the invest¬ 
ment. 

Little difficulty is encountered in financing a 
proven mine, especially if well located accessible 
to railroads and smelting or reduction works. It 
stands as other commercial enterprises; it is simply 
a question of proving the facts to the investor. Se¬ 
curing money to work or develop a “prospect” is 
quite another matter. In spite of the most promis¬ 
ing indications, the property may never be placed 
on a paying basis and the investment and expendi¬ 
tures made, a total loss. The element of chance is 
always present. The development of a “prospect” 
is a gamble with Nature. 

91. Method of Financing. —Because of the risk 
incident to the development or working of mining 
property and the very substantial expenditures re¬ 
quired, it is usual for the owner or owners of prom¬ 
ising claims to form a corporation for the purpose 
of securing money to develop and work the prop¬ 
erty. When the certificate of incorporation is issued, 
the owner transfers the property to the corporation, 


45 


taking in payment therefor a portion of the capital 
stock, cash from sales thereof, or part cash and 
pa^rt stock. If the property is in the “prospect” 
class, part of the stock is offered for sale at a price 
much below par to secure funds for development 
purposes. The balance of the stock is held until 
the property is proven to be a “mine,” when, if 
necessary, a sufficient amount may be offered for 
sale to finance the mine for working and production. 
If the property is in the “mine” class when trans¬ 
ferred to the corporation, enough stock is sold at 
par if possible to secure the necessary working cap¬ 
ital and place the required machinery and improve¬ 
ments for mining and production on the property. 

92. Permit for Sales of Stock. —In order to make 
sales of stock within Arizona, all corporations must 
first secure a permit from the Corporation Com¬ 
mission. A complete showing relative to the affairs 
of the Company, its property, plan of business and 
method of contemplated stock sales must be made. 
The Commission may cause an investigation to be 
made, and has the discretion within the proper 
limits to reject or grant the application. As a basis 
for issuing a permit for a new company, the Com¬ 
mission requires fifty-one per cent of the capital 
stock to be in the treasury (unissued), and stock 
issued in payment for the property must be held 
in pool, and not offered for sale during the period 
covered by the permit. Stock selling agents must 
be registered with the Commission. 

A permit is not required when the stock is sold 
without the State, although in many of the other 
States similar laws are in operation. 

Chap. IX, Title 9, R. S. C. C. Ariz. ’13. 


46 


CHAPTER XII. 


SUITS, ACTIONS, CRIMINAL OFFENSES 

93. Suits and Actions Concerning Mines.—Mining 
claims may be the subject of ordinary suits applic¬ 
able to real estate. The owner in or out of posses¬ 
sion may maintain an action to quiet title against 
one claiming an adverse interest. He may eject 
in a legal proceeding one holding the claim wrong¬ 
fully. Injunction suits are frequently brought to 
assert or maintain rights to or in mining property. 

Pac. Dig. Mines, Sec. 38. 

Ariz. Dig. Mines, Sec. 31-37. 

94. Damages for Ore Extracted.—Where ore has 
been wrongfully extracted by another from a mine, 
the owner has an action for damages. If in such 
case the ore was taken under an honest mistake, 
the defendant is allowed the cost of mining and 
milling, but if the ore was taken wilfully w T ith 
knowledge of the facts, the person so taking the ore 
is liable for the enhanced value of the ore without 
any deduction for mining or milling. 

Pac. Dig. Mines, Sec. 51. 

Alta Min. & S. Co. vs. Benson M. & S. Co. 2 
Ariz., 362, 16 Pac. 565. Aff. 145 U. S. 428. 

95. Recovery of Drainage Expense.—Chapter II 
of Title 34, Civil Code Arizona, 1913, provides that 
where adjacent or contiguous mines have a common 
ingress of water or common drainage, the 
owners, lessees or occupants of such mines 
are liable for their proportionate expense 
in pumping or draining. Expenses incurred 
and expended by one of such owners, lessees or 
occupants in pumping or draining water from his 
mine which by reason of the neglect or failure of 


47 



his neighbor to drain, is flowing in from the ad¬ 
joining mine, may be recovered by suit. 

This applies only to open and developed mines 
which derive a benefit from being drained. 

96. Criminal Offenses.—Various criminal offenses 
in connection with mines and mining are prescribed 
by statute. “Salting” or changing the value of 
samples of gold and silver bearing ore with the 
intent to deceive, cheat or defraud, is punishable by 
a fine or imprisonment in the State Prison, or Dotn. 
(Paragraph 537, Penal Code, Arizona, 1913.) 

Smelters, reduction works, mills and other pur¬ 
chasers of ore, and their agents, are prohibited from 
changing the value thereof, or giving false certifi¬ 
cates of weight or value under penalty of a fine 
or imprisonment up to one year in the County Jail, 
or both. (Paragraph 526 Penal Code Arizona, 1913). 

The wilful tearing down of a notice of location 
or notice of application for patent on a mine or 
mining claim is a misdemeanor, and punishable as 
such. (Paragraph 618 Penal Code Arizona, 1913.) 

97. Eight Hour Day.—Owners of mines, mills, 
smelters, reduction works, etc., and their officers 
or agents are prohibited under penalty of misde¬ 
meanor from allowing or compelling men to work 
more than eight hours per day underground, in open 
cuts, or open pits, or in the operation of such smelt¬ 
ers, mills, reduction works, etc., except in causes of 
emergency where life or property is in imminent 
danger, or a change from one shift to another is 
required. (Paragraph 713 Penal Code Arizona, 1913.) 

By Paragraph 3108 Civil Code Arizona, 1913, the 
eight hour day is specifically extended to include 
hoisting engineers at mines and furnace men at 
smelters. 

98. Penal Provisions Prescribed by Civil Code.— 


48 


It is a misdemeanor for the lessee or person hold¬ 
ing an option on and working a mine to fail to 
keep the “Notice of Non-Liability” for lien posted 
as provided in Paragraph 3654 Civil Code Arizona, 
1913, as amended by Chapter 67 Regular Session, 
Second Legislature, Arizona, 1915. 

Violation of any of the provisions of Chapter III, 
Title 34, Revised Statutes of Arizona, Civil Code, 
1913, relating to the inspection and operation of 
mines may constitute a misdmeanor. This law is 
special in character, dealing with the operation and 
working of mines. Its scope is not covered here.* 

* Page 56, Mine Inspection Blanks. 


49 



Table of Sections of U. S. Compiled Statutes, 1916, 
Cited, Showing United States Revised Statutes 
and Acts of Congress Contained Therein 


U. S. Comp. ’16 
Sections 

4613 

4614 

4615 

4616 

4617 

4618 

4619 

4620 

4621 

4622 

4623 

4624 

4625 

4626 

4628 

4629 

4630 

4631 

4632 

4633 

4635 

4636 
4641 

4644 

4645 

4658 

4659 


U. S. Revised Statutes and 
Congressional Acts 

2318 R. S. 

2319 R. S. 

2320 R. S. 

2321 R. S. 

Act. Apr. 26, 1882, c. 106, Sec. 2 (22 
Stat. 49) 

2322 R. S. 

2323 R. S. 

2324 R. S. as amend, by Act Jan. 22, 
1880, c. 9, Sec. 2 (21 Stat. 61). 

Act. Feb. 11, 1875, c. 41, (18 Stat. 315). 

2325 R. S. as amend, by Act Jan. 22, 
1880, c . 9 Sec. 2 (21 Stat. 61). 

2326 R. S. 


Act. Apr. 26, 1882, c. 106, Sec. 1 (22 
Stat. 49). 

Act. Mar. 3, 1881, c. 140 (21 Stat. 505). 
2327 R. S. 

2329 R. S. 

2330 R. S. 

2331 R. S. 

2332 R. S. 

2333 R. S. 

Act. Aug. 4, 1892, c. 375, Sec. 1 (27 
Stat. 348). 

Act. Feb. 11, 1897, c. 216 (29 Stat. 526). 
Act. Feb. 12, 1903, c. 548 (32 Stat 825). 
Act. Jan. 31, 1901, c. 186, (31 Stat. 745). 

2336 R. S. 

2337 R. S. 

2346 R. S. 

2347 R. S. 


50 



RED LINE LEGAL BLANKS 

MINING BLANKS 

No. Description Price 

183 Affidavit of Labor Performed and Im¬ 
provements Mlade, M.05 

109 Amended Notice of Location—Lode 

Claim, M.05 

340 Amended Location Certificate, M.05 

158J/2 Bond and Lease—Working, M.• .07^2 

459 Bond and Lease, M.07j4 

158 Bond for Deed of Mining Property, M... .07j4 

112 Deed—Mining, M.07^ 

158 Deed—Bond for Deed of Mining Prop¬ 
erty, M.0 7]/ 2 

179 Lease of Mining Claim, M.07^2 

111 Location Notice—Placer Claim, M.05 

178 Location Notice—Mill-site Claim and 

Water Right, M.05 

199 Location Notice—Building Stone, M.05 

116 Location Notice—Certificate of Lode 

Claim, M.05 

110 Location Notice—Lode Claim, M.05 

460 Location Notice—Oil, M.05 

Cloth Mine Signals .25 

112 Mining Deed, M...0 7 l / 2 

158J4 Mining Bond and Lease Working, M.07^2 

341 Mining Patent—Agreement of Pub¬ 

lisher, M.05 

342 Mining Patent—Application for Pat¬ 

ent, M. 07^2 

343 Mining Patent—Application for Sur¬ 

vey, M.-.05 

344 Mining Patent—Notice of Application 

for Patent, M.07*4 

345 Mining Patent—Proof of Posting No¬ 

tice, M. 07 x /2 


51 























No. Description Price 

346 Mining Patent—Statement of Fees 

and charges, M.05 

347 Mining Patent—Proof that Plat and 

Notice Remained Posted, M.05 

459 Mining Bond and Lease, M.07j4 

109 Notice of Amended Location of Lode 

Claim, M...05 

110 Notice of Location—Lode Claim, M.05 

111 Notice of Location—Placer Claim, M.05 

178 Notice of Location of Mill-Site Claim 

and Water Right, M.05 

199 Notice of Location—Building Stone, M. .05 

460 Notice of Location—Oil, M.05 

463 Notice of Non-Liability, etc. Mining.05 

463 (Cloth) .. \2y 2 

180 Pay Roll Blanks .07^ 

625 Record of Explosives . 3.00 

620 Record of Mine Inspection . 3.00 


STOCK CERTIFICATES 

We carry in stock over fifty different designs of 
various industries in lithographed stock certificate 
blanks and pride ourselves particularly on the two- 
day delivery we are able to make on both stock 
certificates and seals. In exceptional cases only do 
we require more time. 

Write for our catalogue Number 15, showing these 
various designs. 

In the event you find nothing to your liking, we 
have further samples which can be had, which will 
require from ten days to two weeks for delivery. 

We also furnish full engraved or lithographed cer¬ 
tificates as well as bonds and will be glad to submit 
samples. 

The following data is necessary in placing orders 
for stock certificates and seajl: 


52 












NAME Ob CORPORATION. (Be sure this is ex¬ 
actly the same as filed with the Corporation Com¬ 
mission.) 

IN WHAT STATE INCORPORATED. 

YEAR OF INCORPORATION. 

AMOUNT OF CAPITAL STOCK. 

PAR VALUE OF SHARES. 

WHETHER FULLY PAID AND NONASSESS¬ 
ABLE. 

WITH WHAT NUMBER TO START NUM¬ 
BERING CERTIFICATES. 

HOW MANY CERTIFICATES BOUND TO 
THE BOOK. (We strongly advise one hundred 
only to the book; but will bind two hundred if de¬ 
sired; but not more in any one book.) 

THE STOCK NUMBER OF THE CERTI¬ 
FICATE YOU HAVE SELECTED. 

All books are bound in half leather. 

On certificates shown in catalogue Number 15, 
the foliowing prices are effective: 

100 printed, numbered and bound in one book..$6.00 


100 Additional bound in the same book . 3.00 

100 Additional bound in separate books . 4.00 


Additional discount applies on orders of five hun¬ 
dred or more. (Prices subject to change without 
notice.) 

CORPORATE AND NOTARY SEALS 


No. 1, Star Seal, in. die .$3.50 

No. 2, Star Seal, 2 in. die . 5.00 

No. 1, Long Reach Seal, 144 in. die . 5.00 

No. 2, Long Reach Seal, 2 in. die . 7.50 

No. 1, Aluminum Pocket Seal, 1^4 in die . 3.50 

No. 2, Aluminum Pocket Seal, 2 in. die . 5.00 


Special designs for lodges, courts and individuals. 
(Prices subject to change without notice.) 


53 










The length of the corporate name determines the 
size of seal which will be used in figuring your 
order, as corporate name consisting of thirty-two 
letters or over must be cut on a No. 2 seal. 

We particular^ advocate the use of a long reach 
seal, as the affixing on stock certificates is accom¬ 
plished in much easier manner as well as in half 
the time otherwise required. 

The usual manner of wording a corporate seal 
and the manner in which they will be furnished 
unless otherwise specified is as follows: 

^ M e JV 

inc. r 4 

189 1 
ARIZ 

o A 

° a ^ 

% p 

We are prepared to furnish seals of any sizes and 
descriptions on short notice. 

CORPORATION RECORDS, STOCK LEDGERS 

AND JOURNALS 

No. 1 Combined Corporation Record contains all 
the blank forms for the record that the corporation 
must keep. This book embodies the following 
iorms* 

Subscription Lists, 

Articles of Incorporation, 

Minutes of First Meeting of Stock Holders, 

Form of Certificate, 

Election of Directors, 

By-Laws, 

First Meeting of Board of Directors, 


* 

& 



54 


Election of Officers, 

Stock Register, 

Stuck Holders Ledger, 

Transfer Record, 

Dividend Record, 

Journal, 

Index, 

and, in fact, everything necessary. 

Price . $6.00 

No. 2 Record contains many of the same forms, 

but is not nearly as complete. 

Price . $4.50 

No. 600 Record contains page for Minutes, Jour¬ 

nal and Ledger only. 

Price .-...$3.50 

No. 500 Stock Ledger is a five hundred page book 
divided into full, half, third and quarter page ac¬ 
counts. 

Price . $12.50 

No. 300 Stock Journal is a three hundred page 
book indexed suitable for large corporation. 

Price . $9.00 

LOOSE LEAF MINUTE BOOKS 

These books are bound in full red Russia and 


furnished with lock if desired. 

No. \ l /i Cap (14x814) 300 pages.$11.90 

No. 2 Cap (14x814) 400 pages . 12.50 

No. 3 Cap (14x814) 500 pages . 13.15 

No. 5 Cap (14x814 ) 600 pages . 13.75 

Lock extra on any of the above books. 2.50 


NOTARY RECORDS 

Notaries Public .are required to keep record of 
their acknowledgments and other instruments and 


55 












for this purpose we carry in stock the following 
records: 

No. 518 34 bound, consisting of 50 folio pages....$1.50 
No. 519 bound, consisting of 50 folio pages.... 2.50 

MINE SIGNALS 

Printed on cloth to conform with the ruling made 
by the State Mine Inspector, English or Spanish, 
a price of .$0.25 

RECORD OF MINE INSPECTION 

The laws of the State of Arizona require that a 
record be kept of an inspection by the State Mine 
Inspector. For that reason, we have prepared a 
book which has been approved by the State Mine 
Inspector. Price ...$3.00 

RECORD OF EXPLOSIVES 

The laws of the State of Arizona require that a 
record be kept of explosives by the State Mine In¬ 
spector. For this reason, we have prepared a book 
which has been approved of by the State Mine In¬ 
spector. 

Price .$3.00 


DRAFTSMAN SUPPLIES 

Drawing Instruments, 

T-Squares, 

Triangles, 

Architects Scale, 

Protractors, 

Compasses and Dividers, 

Profile Paper, 

Tracing Paper, 

Drawing Paper, 

Cross Section Paper. 

In fact everything required. 

Surveying Instruments and Supplies. 


56 





MAPS AND PROSPECTUSES 


Claim Maps, 

Property Maps, 

District Maps, 

and prospectus that bring results, are products of 
our shop. 


MISCELLANEOUS FORMS 

We make a specialty of supplying forms required 
by Arizona mining companies. We have as our 
customers the largest mining interests in the State 
and can furnish samples of any forms required, 
such as: 

Time Cards, 

Pay Rolls, 

Assay Reports, 

Smelter Forms, 

in fact, any forms printed, loose leaf or bound, re¬ 
quired by mining companies. 

RUBBER STAMPS 

As the largest manufacturer of rubber stamps in 
Arizona, we are prepared to furnish your require¬ 
ments without delay. 

Signature Stamps, 

Paid Stamps, 

Automatic Stamps. 


NOTE 

All blanks, supplies, etc., herein listed can be pur¬ 
chased from The McNeil Co., Phoenix, Arizona. 


57 


















> 8}3/;])Oi i'.n r; h : > 1 )><: 










c ' “ 




, ! i,;J 3t.: : - 

r ' / •. 

-- 









ALPHABETICAL INDEX 

(References are to Sections) 

Section 

Abandonment ...,.57 

Abstract of Title .79 

Actions .93-95 

Adjoining Claims .„.15 

Adverse .80 

Adverse Possession .78 

Adverse Suit .80 

Affidavit Assessment Work .48 

Alien ...*.2, 70 

Alum .....7, 27 

Amber . 7 

Amended Location .53-56 

By whom and how made .56 

Conflicting ground .54 

Discrepancy between notice and monuments.55 

Intervening rights ._...53 

Relation back . 54 

Scope of .53 

Annual Labor .41-48 

Amount and purpose .41 

Character of work .45 

Examples .46 

Group work . 47 

Group work on oil claims .47 

Placer association . 41 

Place of performance .45 

Recording proof .48 

Time for .42 

Value .43 

Who may perform . 44 

Antimony .7, 10 

Apex . 18 

Application for Patent .79 

Area 

Lodef .13 

Millsite .38 

Placer .29 

Tunnel reservation .35 

Articles of Incorporation .89 

Asphaltum .....m...»••.* 7 p 10j 27 

Assigns .-.56 

Association Placer Claims .29 


59 











































Section 

Associations .1 

Auriferous ...1.27 

Blind Veins or Lodes . 17, 34 

Bog Iron .8 

Borax .-.7, 27 

Boundaries vsee Lode, Placer, etc.) 

Brick Clay .7, 8 

Building Sand .-.-.7, 8 

Building Stone .-7, 27 

Burden of Proof .58 

Calcium Phosphate .-.10 

Cancellation of Entry . 65 

Carbonate of Soda .7, 27 

Cement .7 

Certificate of Purchase .65 

China Clay .7 

Cinnabar .7, 10 

Citizen .1, 78 

Citizenship .1 

Claim (see Lode, Placer, etc.) 

Clay ._.7, 8 

Coal .9 

Cobalt . 7, 10 

Commission, rvrizona Corporation .89, 92 

Contracts .83-88 

Conservation .4 

Contiguous Claims .47, 77 

Conveyances . 69 

Co-owner .49 

Copper .7, 10 

Corporation .1 

Alien ..2, 70 

Domestic .89 

Foreign . 89 

Course Downward . 18 

Courts .48 

Crimes .96-98 

Damages for Ores Extracted.94 

Deposits Valuable . 8 

Development . 41 

Diamonds . 7 

Diligence . 61 

Dip of Vein .18, 19 

Discovery . 14, 30 

60 












































Discovery Monument... 

Discovery Cut, Shaft, Work _ 

Ditches .— --—,- 

Downward Course __ 

Drainage Expense _ 

Drill Holes . 

t :.. ... 

Eight Hour Day ........ 

Ejectment . 

Employee .. 

End Lines ...... 

Entry ..... 

Excessive" Location 
Expenditures: 

Assessment work .. 

As basis for patent . 

Extralateral Rights ... 

Jump over doctrine ... 

Meaning ..... 

Right below junction of veins 
Right under patented land .... 

Secondary veins ......... 

Senior and junior rights . 

Side end lines . 

Special end lines . 

When allowed and extent . 


Section 


15 

16 



_95 

.46 

.97 

.93 

.67 

13, 19, 20 

.65 

.......13, 29 

.14, 43 

.78 

.18-26 

...24 

..18 

...25 


.22 

23 

21 

.20 

.19 


Financing Mines, etc. ......90-92 

Float .:.......11 

Flumes ..:.-....46 

Force ...:.-...-.6 

Foreign Corporation .:.............89 

Forest Reserves .......-..4 

Forfeiture ....—— —•-.58-59 

Burden of proof ...-.-.58 

Defined ..-...-.58 

Instances .-.-.-.-.-...59 

Forfeiture to Co-owner .....49-52 

Delinquent ...- —-. : .49 

Notice to ..-....i.-.-.—-.49 

Number Claims, etc., in notice.i.-.51 

Payment by delinquent .......52 

Record of forfeiture .-.50 


Gas ...*. 

Gold -...---- 

Granite (see Building Stone).. 


.........7, 10, 27 



















































Gravel . 

Group Claims .. 

Grubstake Contracts . 
Guano ... ( —■■■■•■•— 
(-jypsum ... 


Section 

.~.7, 8 

47 77 
84 

... •. 7, 27 

7 27 


Hearing on Protest .81 

Heirs 59 

Husband .70 

Improvements .41, 43-47, 78 

Indian, Tribal . 2 

Indian Reservations _,___4 and note 

Injunction . 93 

Inspection of Mines .—...98 

Intersecting Veins . 24 

Intervening Rights . 53 

Intralimital Rights . 18 

Intruder on Public Domain . 6 

Iron ......7, 10 


Judgment Lein . 

Jump Over Doctrine ... 


.......75 

.....24 


Kaolin ..._.. 

Known Lodes or Veins, Placers, etc.. 


.„7, 27 
.17, 34 


Land Grants . 4 

Land Office . .79 

Lands Open . 4 

Lead .7, 10 

Leases ...„..85-86 

Iji e ii s ...................... 72—7 5 

Laborers’, etc... 72 

Judgment . 75 

Notice of Non-Liability . 74 

Priority . 73 

1—. l nr e s t o n c .......................................................................................... 7, 2 7 

Location for Whom . 3 

Location Notice ^ See Lode, Placer, 

Locations f etc. Locations 

Lode ....10, 11 

Lode Locations and Claims . 10-17 

Boundary Monuments .._16 (3) 

Discovery .14 

Discovery Monument.. 15 

Known lodes on placers .„.17 

Minerals not subject to . 9 


62 














































Section 

Notice .15 

Number .12 

Patent .76 

Record of notice .a.16 (1) 

Size, shape .13 

Specific minerals .„......10 

Time and Acts to complete .16 

Veins, lodes, rock in place ...10, 11 

Work on abandoned or forfeited claims .16 (2) 


M ^r1)1c •-*■*■**............. ...a.........a '•••••>(■*...............7, 27 

Married Persons .70 

^1 6 1 til S ••••>■ .. aa •aalaa.a.a...a........... aaaaaaaaaaaaaaaaaaaaaaa a a aaaaaaaaa a aaa—aaaaaaa a a 7 , 1 0 

Mexican Grants ._.4 

1 Ca aaaaaaaaaaaaaaaaaaaaaaa aaa aaa a aaa aaa aaaa aaaaaaaaaaaaaaaaaaaaaaa aaaaaaaaa 4aaaa444aaaa4aiaa aaa aaaaaaaaa 7 , 27 

Mill Sites .38-40 

Area . 38 

Boundary Monuments . 39 

Location and notice ...-...39 

Non-mineral .38 

P stcntaa ....................... .. ............. ——— — —aaaaaaa ............. aaa—aaa — aaaaaaaaa — —aaaa 0 , ^J f) 

Use, improvements .40 

Military Reserves . 4 

Mineral Character of Land...5, 8, 14, 30 

Mineral Deposits ...5, 8 

Mineral Lands .. 5 

Minerals . 7 

Mines .-.90 

Mining Corporations .. 89 

Minors . 1 

Mining Locations (see specific heads) 

Monuments (see specific heads) 


Natural Gas .7 

National Parks .4 

Newspapers .49, 79 

Nitrate of Soda .7, 27 

Non-contiguous Claims .-.77 

Non-metalliferous Substances .7, 8 

Non-mineral (see Mill Sites) 

Notice of Location (see Lode, Placer, etc.) 

Notice of Non-liability for lien .74 

Number Locations 

Lode . 12- 

Mill site . 

Placer .-.28 

Salines .28 


63 











































Occupant .... 

Oil and Gas :..........;... 

Oil Locations (see Placer) 

Onyx ... .... 

Options ... 

Ores, damages for .... 

tU. .. ..... .. 

Papago Reservation . 

Parks, National ......1 

Partnerships ... 

Patents —__—-....................— 

Application ... 

Basis .. 

Group .. 

Non-contiguous tracts .... 

Purchase price .. 

What may be patented ..„.. 

Patent Title .. 

Patent Proceedings .... 

Peaceable Entry ..... 

Petroleum .. 

Phosphates . 

Placer. Locations or. Claims . 

Acreage .. 

Boundary monuments .. 

Discovery ... 

Discovery work not required. 

Notice. 

Number....... 

Patent . 

Record of notice, time . 

Specific minerals .. 

Size, shape .. 

Price..... 

Property .... 

Prospects . 

Protests . 

Public Domain . 

Public Domain Possession Others . 

Purchase Price . 


Section 

.6 

.9, 27 

.7, 10, 27 

...87 

.94 

K ; 

.note 4 

.4 

.88 

.76-79 

.79 

.78 

.77 

.77 

.76 

.76 

.82 

.79 

.6, 17 

...7, 9, 27 
7, 10, 27 

.27-33 

.29 

.32 

.30 


..28 

..76 

.33 

..27 

.29 

.76 

.68 

.90 

.81 

.4 

__ 6 

.76 


Quarries .27 

Quartz Mill (see Mill Site) 

Question of Fact (see Abandonment) 

Quieting Title .....93 


Railroad Grants 
Real Property .. 


64 


.4 

68, 82 


















































Section 

Receiver .44 

Relation Back, Lapse . 54 

Relocations .62-67 

By agents, etc., effect . 67 

Entry of Claim for patent .65 

How and by whom made .63 

Meaning ......62 

Resumption of work .64 

Void, when .66 

Reservations .,..4 

Resumption of work ........60-61 

Explanation . 60 

What is . 61 

Roads . 46 

Rock in Place .11 

Royalty . 86, 87 

Sales . 87 

Salines .. 28 

Salt and Salt Springs . 7, 27 

Sand .......7, 8 

Sandstone . 7 

School Land Grants .4 

Secondary Veins .22 

Senior and Junior Rights .23 

Side End Lines . 21 

Special End Lines .20 

Silver . 7, 10 

Slate . 7, 27 

Smelters, Reduction works . 96, 97 

Soda .7, 27 

Specific Minerals .-.7 

State Grants to .4 

Statute of Frauds ...-.84, 86 

Statute of Limitations .78 

Stock Sales .-.....92 

Stone .7 

Strike of Vein ....-.19 

Suits .93 

Sulphur .-.7 

Surface and Subterranean Boundaries .18 

Surveyor-General .79 

Swinging Claims .-.53 

Tailings .27, 40 

Taxes ...-.71 

Time for Annual Work .42 

65 


















































Section 

Tin . 7, 10 

Title .68, 82 

Trustee .67, 84 

Tungsten .7, 10 

Tunnels, Locations ...-.34-37 

Extent and source of .—34 

Notice, record, etc.35, 36 

Requirements for location .35 

Veins or lodes discovered .37 

U mb er »7 

Union of Veins .25 

Unknown Lodes (see Blind Veins, etc.) 

Valuable Mineral Deposits ...5, 8 

Vein or Lode . 11 

Veins ....10 

Water .95 

Watchman’s Services .46 

Wife .70 

Women .1 

Zinc .7, 10 


66 


























































































